The effect filing a motion for new trial may have on the availability of other post-trial remedies.
The decision to file a motion for new trial should be made after considering the applicable law in light of the circumstances of each case. Among the issues that counsel should consider addressing in a motion for new trial are:
Denial of the client’s right to counsel or right to be present during trial;
A fundamentally defective jury charge;
Intentional suppression of witness testimony or other evidence tending to show the
client’s innocence, preventing its production at trial;
Denial of a continuance based upon a critical missing witness;
Sufficiency of the evidence; and
Any claim that would require a new trial in the interest of justice.
In the event that a motion for new trial is granted, counsel should be prepared to draft and timely
file a reply brief in opposition to any appeal of that decision filed by the prosecution.
Following trial, counsel shall inform the client of the client’s right to appeal the judgment of the court and the action that must be taken to perfect an appeal. Counsel's advice to the client should include an explanation of the right to appeal the judgment of guilt and the right to appeal the sentence imposed by the court.
If the client wants to file an appeal and trial counsel will not be handling the appeal, counsel shall formally withdraw from the client’s case in conformance with Guideline 9.1, but only after taking all steps necessary to preserve the right to appeal. These steps include:
1. Assisting the client in filing written notice of appeal in accordance with the rules of the court;
Assisting in the preparation and filing of a motion for new trial, if any; and
If the client is indigent, assisting the client in requesting prompt appointment of appellate
C. If the client takes an appeal, trial counsel should cooperate in providing information to appellate counsel concerning the proceedings in the trial court. If an appeal is taken and the client requests bail pending appeal, trial counsel should cooperate with appellate counsel in providing information to pursue the request for bail.