Tuesday, September 8, 2015

New Trial

The Mississippi Supreme Court discussed last week what is necessary in order to grant a new trial in McIlwain v. Natchez located here“[A] new trial becomes appropriate when a trial court determines that error within the trial mechanism itself has caused a legally incorrect or unjust verdict to be rendered.” White, 932 So. 2d at 33. Courts have granted new trials “whenever convinced, from the evidence, that the jury has been partial or prejudiced, or has not responded to reason upon the evidence produced.” Beard v Williams, 172 Miss. 880, 884 161 So. 750, 751 (1935). A new trial may be necessary if mistakes were made in conducting the trial or in applying the law. White, 932 So. 2d at 33.  Ultimately, the Mississippi Supreme Court granted a new trial as to one of the Defendant after a hung jury. 

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