Legal Question in Appeals and Writs in Georgia

Criteria for New Trial

I was the victim of an assault two years ago. The defendant originally refused his right to a jury trial. He was found guilty and sentenced. After the sentencing, he hired a new lawyer. This new lawyer requested a new trial.

No new evidence was submitted, no argument was made that the judgement was unlawful, and no argument was made that there was any error made what-so-ever. The argument for new trial that was made was a defense argument that was previously made at trial. However, the new lawyer made the argument better than the old one. Based on this, my attacker was granted a new trial.

Do I have any recourse to have the granting of the new trial reversed?


Asked on 7/30/01, 4:58 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Criteria for New Trial

This seems to be a question about the defense case the defendant is in. That is, State of Georgia vs. The Defendant. The defendant has a right to make ANY KIND of legal argument in his defense versus the State and you have NO RIGHT to interfere with his defense. What's the question or issue here? If, perhaps you are inquiring about your tort case versus the defendant, then perhaps your lawyer may wade in on this issue on brief.

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Answered on 7/31/01, 10:47 am


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