08 58 MOTION FOR NEW TRIAL

• Library: Arkansas Form Book - Complete (2023 Ed.)

08-58 MOTION FOR NEW TRIAL

[CAPTION] MOTION FOR NEW TRIAL

Defendant moves the court pursuant to Ark. Code Ann. § 16-89-130 and Ark. R. Crim. P. 33.3(a) to grant a new trial for the following reasons:

1. Defendant was convicted of the offense of [offense] by [a jury] [the court] on [date of conviction].

2. Defendant should be granted a new trial for the following reasons:

[(a) The prosecution's sole and main witness has recanted [his/her] testimony, § 16-89-130(c)(6-7). See, e.g., Clayton v. State, 186 Ark. 713, 55 S.W.2d 88 (1932); Cooper v. State, 246 Ark. 368, 438 S.W.2d 681 (1969) (apparently recognizing rule).]

[(b) The verdict is against the law or the evidence because the evidence is insufficient to support the verdict, § 16-89-130(c)(5).]

[(c)(1) The prosecution suppressed from the court and defense counsel evidence which was exculpatory to Defendant or impeachment evidence in violation of the discovery motion filed by Defendant, responded to by the prosecution, and in violation of the due process clauses of the Fourteenth Amendment to the U.S. Constitution or Ark. Const., art. 2 § 8, or both and Ark. R. Crim. P. 19.2.

(2) The fact the prosecution has an open file policy does not relieve the State, including the investigating officers and the prosecuting attorney, of its obligation to turn over exculpatory or impeachment evidence without any need for a request from Defendant both as a matter of due process of law; Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley, 514 U.S. 419 (1995); Strickler v. Green, 527 U.S. 263 (1999); Banks v. Dretke, 540 U.S. 668 (2004); and the prosecuting attorney's continuing duty to disclose discoverable evidence. Ark. R. Crim. P. 19.2.

(3) There is no bad faith or intent...