Prisoner Litigation

Motions for a New Trial

A motion for a new trial may be placed after a guilty verdict has been rendered. Each state has specific procedures to be followed. Many are similar to Rule 33 of the Federal Rules of Criminal Procedure. Most jurisdictions allow a motion for a new trial based on newly discovered evidence to be filed within two years of the verdict. Motions based on other grounds must be filed within seven days of the verdict. A new trial is authorized when it would be in the interests of justice, including when the inmate did not receive counsel, if there was juror misconduct, interference of attorney–client communications, or any improper reference to past criminal conduct. A motion for a new trial based on newly discovered evidence must allege that (1) the evidence was newly discovered after trial, (2) the defendant was diligent in learning of the evidence, (3) the evidence is material to the trial issues, (4) the evidence is not merely cumulative or for impeachment purposes, and (5) the evidence would probably produce acquittal at a new trial.

Actions by State Prisoners

Prisoners may bring legal claims in state courts under relevant state laws, but there are also federal statutes that allow actions for violations of prisoners' constitutional rights. For example, Title 42 U.S.C. §1983 allows a prisoner to sue for “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” caused by persons acting “under color of state law,” while Title 28 U.S.C. §1343(3) provides jurisdiction for a federal court to hear the case. “Persons” who may be sued under §1983 include individuals who participated in the constitutional violation, city and county governments, and their agencies. States and their agencies may not be sued because they are immune under the Eleventh Amendment. Supervisory officials who did not commit the act or were not present when they occurred also cannot be sued.

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