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LSDefine

Simple English definitions for legal terms

Retrial

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A quick definition of Retrial:

A retrial is when a court has a new trial for a case that has already been decided. This happens when there was a mistake made during the first trial, like if the jury was given the wrong information or if someone lied. Sometimes, new evidence is found that could change the outcome of the trial. A retrial gives everyone a chance to make things right and make sure the right decision is made.

A more thorough explanation:

A retrial is a new trial of a case that happens after a previous trial has ended. It is done to re-examine some or all of the matters from the concluded trial. A party files a motion for a new trial, and a court may grant a retrial if there was a significant error of law, a verdict going against the weight of the evidence, irregularity in the court proceeding, jury or prosecutorial misconduct, newly discovered material evidence, or improper damages.

  • U.S. v. Doyle: The Seventh Circuit granted a retrial based on prosecutorial misconduct. The prosecutors failed to disclose material exculpatory information which was favorable to the defense as they were bound to and where they failed to provide the defense with evidence relating to the credibility of prosecution witnesses.
  • Payne v. Jones: The Second Circuit remanded for a retrial on damages. The Court found punitive damages of $300,000 for officer’s use of excessive force improper, emphasizing judges’ familiarity with the legal system and verdicts to justify the Court’s reduction in the jury’s punitive damage award.
  • U.S. v. Eads: The Seventh Circuit explained that for federal criminal cases, for a criminal defendant to receive a retrial because of newly discovered evidence, the defendant must provide evidence that “(1) came to his knowledge only after trial;  (2) could not have been discovered sooner through the exercise of due diligence;  (3) is material and not merely impeaching or cumulative;  and (4) would probably lead to an acquittal in the event of a retrial.

These examples illustrate how a retrial can be granted for various reasons, such as prosecutorial misconduct, improper damages, or newly discovered evidence. In each case, the court found that there was a significant error in the previous trial that warranted a new trial to be held.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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