Motion For Judgement Of Acquittal Notwithstanding The Verdict Or After trial, paulus made a rule 29 motion for a judgment of acquittal and a rule 33 motion for a new trial. fed. r. crim. p. 29, 33. the district court granted paulus’s motion for an acquittal on the basis that the evidence was legally insufficient, set aside the jury’s guilty verdict, and conditionally granted his motion for a new trial. The warren county prosecutor's office on friday filed a memorandum opposing the defense request for ryan widmer for an acquittal or a new trial.
Renewed Motion For Judgment Of Acquittal Motion For A New Trial And As such, the court rejects this basis of defendant's motion. b. rawlings's statements. defendant also argues that the court's limitations of the scope of case agent stephen harrison's cross examination to exclude rawlings's statements demand an acquittal or new trial. (mot. 6 8.). The rule continues to recognize that a judge may sua sponte enter a judgment of acquittal.rule 29 (c) (1) addresses the issue of the timing of a motion for judgment of acquittal. the amended rule now includes language that the motion must be made within 7 days after a guilty verdict or after the judge discharges the jury, whichever occurs later. References in the original rule to the motion for a new trial as an alternate to the motion for judgment of acquittal and to the power of the court to order a new trial have been eliminated. motions for new trial are adequately covered in rule 33. also the original wording is subject to the interpretation that a motion for judgment of acquittal. (1) motion for a new trial. if the court enters a judgment of acquittal after a guilty verdict, the court must also conditionally determine whether any motion for a new trial should be granted if the judgment of acquittal is later vacated or reversed. the court must specify the reasons for that determination. (2) finality.
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