321 SO2D 318 - State v. Ballard

How this case has been cited

Cited by 33 later decisions — most recently March 2010 · most notably 352 So. 2d 1013 - Halcomb v. Halcomb (1977), Thompson v. Courville (1979)

33 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1While an appeal from his conviction for second degree murder was pending in this court, the defendant filed a motion for a new trial in the trial court on the basis of newly discovered evidence. C.Cr.P. 851(3). He requested that we remand this case to the trial court for disposition of the motion for new trial, in accordance with C.Cr.P. 853:

“When the motion for a new trial is based on ground (3) of Article 851, the motion ma" be filed within one year after verdict or judgment of the trial court, although a sentence has been imposed or a motion for a new trial has been previously filed; but if an appeal is pending the court may hear the motion only on remand of the case.”

¶2The record before us does not contain the transcript of testimony, and is, therefore, inadequate to a determination of the merit of motion for new trial.

¶3Therefore the case is remanded to the district court for a ruling on the motion for a new trial.