What is the difference between an appeal and a motion for a new trial?
An appeal and a motion for a new trial are two different types of proceedings under criminal appeal law in Washington. The main difference between the two is that an appeal is based on a legal review of a court’s decision, while a motion for a new trial asks the court to revisit a case based on new evidence or information. An appeal is an action that challenges a court’s decision based on the court making an error in the judgment or ruling. For example, if the appeal is based on a legal issue, such as the court giving an incorrect interpretation of the law or making a mistake in reasoning, an appeal can be filed to reverse the court’s decision. On the other hand, a motion for a new trial is an action that asks the court to revisit a case due to something that happened after the original ruling. This could include the discovery of new evidence, or evidence that was withheld at the time of the original trial. In some instances, a party can even ask for a new trial due to juror misconduct. In a motion for a new trial, the court is asked to look at the case anew based on the new evidence. In summary, the main difference between an appeal and a motion for a new trial is that an appeal is a legal challenge to a court’s decision, while a motion for a new trial is based on finding new evidence or information after the original ruling.
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