What is the difference between an appeal and a motion for a new trial?

An appeal and a motion for a new trial are both processes that defendants use in criminal law in West Virginia to challenge a conviction or a sentence resulting from a trial. However, they serve different purposes. An appeal allows a defendant to challenge a decision made by the trial court, such as errors in a trial or a sentence that is incorrect or too harsh. It is an argument to a higher court that the lower court’s ruling was wrong, and the defendant should be given another chance with a new trial. A motion for a new trial is typically made when new evidence is found after the trial, or when the defendant believes that he or she did not receive a fair trial. This type of motion is typically filed with the same court that the conviction or sentence came from, not a higher court. This motion requests that the original trial be set aside and that a new trial is held with the new evidence or new claim of unfairness. In West Virginia, appeals are governed by West Virginia Supreme Court of Appeals Rule 5. This rule outlines the procedures and rules that must be followed when an appeal is filed. A motion for a new trial must be filed through Rule 60 of the West Virginia Rules of Civil Procedure. This rule explains the conditions that must be met before a court will grant a motion for a new trial.

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What is the difference between an appeal and a motion for a new trial?

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