(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair trial;
(2) Misconduct of the jury or state;
(3) Accident or surprise which ordinary prudence could not have guarded against;
(4) That the verdict or decision is not sustained beyond a reasonable doubt or is contrary to law;
(5) Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial; and
(6) Error of law occurring at the trial properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same at the costs of the party applying therefor or in the costs abiding the event of the case, or a portion of the costs, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 7, §276.)
Notes of Decisions
Herrera v. Collins, 506 U.S. 390 (1993).
· cites it 2× “[8] Ala. Code § 15-17-5 (1982) (30 days); Ariz.”
Bryant v. State, 181 So. 3d 1087 (Ala. Crim. App. 2011).
· cites it 2× “I, § 6; see also Ala.Code § 15-17-5(a)(2) (establishing jury misconduct as a ground for granting a motion for a new trial in criminal cases).”
Ex Parte O'Leary, 417 So. 2d 232 (Ala. 1982).
“Code 1975, § 15-17-5; Nikens v. State, 31 Ala.App. 297 , 15 So.”
Wright v. State, 487 So. 2d 962 (Ala. Crim. App. 1985).
· cites it 2× “2d 385 (1959), in which no motion or request for a mistrial was considered, and Code of Alabama 1975, § 15-17-5, which pertains exclusively to "Grounds for granting new trials" and "costs thereof.”
Bonner v. State, 389 So. 2d 174 (Ala. Crim. App. 1980).
· cites it 2× “Code of Alabama 1975, § 15-17-5. Nevertheless, the remedy in the form of a motion for a new trial is not without procedural hazards.”
Agee v. State, 424 So. 2d 1368 (Ala. Crim. App. 1982).
· cites it 2× “See Ala.Code § 15-17-5(a)(6) (1975). We have examined the issues presented on this appeal and have found no error.”
Allen v. State, 753 So. 2d 1172 (Ala. Crim. App. 1998).
· cites it 2× “) The record in this case indicates that appellate counsel was appointed more than 30 days after the time for filing a motion for a new trial had expired.”
Cornelison v. State, 137 So. 3d 937 (Ala. Crim. App. 2013).
“Section 15-17-5, Ala. Code 1975, provides that a new trial may be granted on various grounds “[o]n motion filed within 30 days from entry of judgment.”
Maye v. State, 472 So. 2d 687 (Ala. Crim. App. 1985).
“” Section 15-17-5, Code of Alabama 1975, provides that a new trial may be granted upon a motion filed within 30 days of the judgment.”
— Ala. Code § 15-17-5(a)(2) — 1 case
Bryant v. State, 181 So. 3d 1087 (Ala. Crim. App. 2011).
“I, § 6; see also Ala.Code § 15-17-5(a)(2) (establishing jury misconduct as a ground for granting a motion for a new trial in criminal cases).”
— Ala. Code § 15-17-5(a)(6) — 1 case
Agee v. State, 424 So. 2d 1368 (Ala. Crim. App. 1982).
“See Ala.Code § 15-17-5(a)(6) (1975). We have examined the issues presented on this appeal and have found no error.”
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