casemark/motion-new-trial
skills/legal/motion-new-trial/SKILL.md
Drafts a post-verdict Motion for New Trial in criminal defense cases. Structures arguments around recognized grounds (weight-of-evidence, newly discovered evidence, prosecutorial misconduct, juror misconduct, IAC, judicial error) with record citations. Use when filing a motion for new trial, post-conviction motion, or requesting the court set aside a criminal verdict.
$ install --global
skillsauthnpx skillsauth add casemark/skills motion-new-trialInstall this skill globally with one command. Works with Claude Code, Cursor, and Windsurf.
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SKILL.md
- name:
- motion-new-trial
- language:
- en
- description:
- Drafts a post-verdict Motion for New Trial in criminal defense cases. Structures arguments around recognized grounds (weight-of-evidence, newly discovered evidence, prosecutorial misconduct, juror misconduct, IAC, judicial error) with record citations. Use when filing a motion for new trial, post-conviction motion, or requesting the court set aside a criminal verdict.
Motion for New Trial
Drafts a motion asking the trial court to set aside a jury verdict and order a new trial, with ground-by-ground legal and factual support from the trial record.
Required Inputs
- Verdict info — date, charges of conviction, case number, court
- Trial transcripts — page/line citations for key testimony, rulings, objections
- Exhibit list — numbered trial exhibits
- Jury instructions — as given and any refused defense instructions
- Applicable rule — Fed. R. Crim. P. 33 or state equivalent
- Post-trial materials (if any) — newly discovered evidence, affidavits, expert reports
Quick Start
- Collect verdict details, transcripts, and exhibit list.
- Identify which grounds the record supports (see checklist below).
- Draft each supported ground with record citations.
- Compile into motion format with caption, introduction, grounds, memorandum, and prayer.
Output Structure
1. Caption & Header
Standard jurisdiction-format caption. Include court name, case number, defendant's full legal name. Title: "DEFENDANT'S MOTION FOR NEW TRIAL."
2. Introduction (½–1 page)
| Element | Content | |---|---| | Procedural authority | Specific rule and statutory basis | | Verdict date & charges | Conviction counts identified | | Relief sought | New trial; evidentiary hearing if applicable | | Thesis | One sentence on why the verdict should be set aside |
3. Grounds for New Trial
Draft each ground as a separate labeled section. Include only grounds supported by the record.
Per-ground structure:
- Factual basis — record citations (witness, transcript page:line), exhibit numbers, quoted rulings/testimony
- Legal standard — governing test from controlling authority; key cases granting relief
- Application — map facts to each element; show prejudice/effect on verdict
- Anticipate rebuttal — address harmless error, waiver, or procedural default arguments
Grounds checklist (assert only those supported):
| Ground | Key Elements | Standard | |---|---|---| | Weight of evidence | Miscarriage of justice despite jury deference | Unconscionable to let verdict stand | | Newly discovered evidence | (1) Post-trial discovery, (2) due diligence, (3) material/not cumulative, (4) probably different result | All four prongs required | | Prosecutorial misconduct | Specific acts depriving defendant of fair trial | Conduct undermined fundamental fairness | | Juror misconduct | Extraneous info, improper communications, undisclosed bias | Reasonable possibility misconduct influenced verdict | | IAC | (1) Below professional standards, (2) prejudice | Strickland v. Washington, 466 U.S. 668 (1984) | | Judicial/legal error | Erroneous rulings affecting substantial rights | Abuse of discretion; not harmless beyond reasonable doubt |
4. Memorandum of Points and Authorities
For each ground: legal standard → controlling authority → application to facts. Bluebook citation format. Distinguish unfavorable precedent explicitly.
5. Prayer for Relief
- Set aside verdict on specified counts
- Order new trial
- Evidentiary hearing (for grounds involving facts outside the record — newly discovered evidence, juror misconduct, IAC)
6. Signature Block & Certificate of Service
Pitfalls & Checks
- Record-grounded — every factual assertion must cite transcript page:line, exhibit number, or docket entry; never make unsupported claims
- Preservation — verify each issue was preserved at trial; if not, argue plain error or structural error
- Timeliness — note filing deadline (Fed. R. Crim. P. 33: 14 days post-verdict; 3 years for newly discovered evidence) [VERIFY against jurisdiction]
- Local rules — confirm page limits, formatting, and whether supporting briefs/affidavits file separately
- No fabricated citations — flag unknown authority with [VERIFY] and describe the legal principle
- Trial court framing — this motion addresses the trial court's discretion, not appellate review; frame arguments accordingly
- Tone — professional and measured, even when alleging misconduct; focus on legal merit over rhetoric
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