Hamilton v. Williams

¶1concurring.

¶2I agree with most of the majority’s opinion, but I write separately because I dis*343agree with this court’s precedent regarding hearings on motions for new trial. As the majority notes, this court has held that whether to hold a hearing on a motion for new trial is discretionary with the trial court unless the ground asserted in the motion is jury misconduct.1 I believe that this court should follow the rule applied by other courts of appeals and in criminal law-that a trial court must hold a hearing on a motion for new trial if the motion “presents a question of fact upon which evidence must be heard” and alleges facts that, if true, would entitle the movant to a new trial.2 But because the outcome in this case would not be different under that rule, I concur.