Alex Murdaugh’s attorneys have newly filed motion for a new trial
YOU MAKE IT THROUGH SECURITY ON TIME. ATTORNEYS FOR LOW COUNTRY LAWYER ALEC MURDOCH HAVE CALLED FOR A NEWS CONFERENCE FOR TOMORROW. THEIR OFFICE SAYS THEY WILL BE DISCUSSING A NEWLY FILED MOTION FOR A NEW TRIAL BASED ON AFTER DISCOVERED EVIDENCE ON MARCH THE 2ND. ALEC MURDOCH WAS CONVICTED IN THE BRUTAL MURDERS OF HIS WIFE, MAGGIE, AND HIS SON, PAUL. HIS ATTORNEYS — HARPOOTLIAN AND JIM GRIFFIN, WILL DISTRIBUTE COPIES OF THEIR NEW FILING TOMORROW MORNING. THIS AFTERNOON, WE TALKED TO attorney SLOAN ELLIS, A FORMER FEDERAL PROSECUTOR AND PARTNER OF ELLIS LAW. FOR SOME BACKGROUND ON WHAT THIS MEANS, HE SAYS THAT MURDOCH’S LAWYERS WILL HAVE TO PROVE THAT THEIR NEW EVIDENCE MEETS SEVERAL CRITERIA FOR UNDER SOUTH CAROLINA LAW, INCLUDING THE EVIDENCE WOULD LIKELY CHANGE THE RESULT OF THE TRIAL. IT WAS DISCOVERED AFTER THE TRIAL TOOK PLACE. IT COULD NOT HAVE BEEN DISCOVERED BEFORE THE TRIAL. IT’S RELATED TO THE ISSUE OF GUILT OR INNOCENCE WOULD BE DECIDED BY THE BY THE JUDGE THAT HEARD THE TRIAL AND THERE WOULD LIKELY BE A HEARING ON IT. AND IF THEY HAVE WITNESSES THAT HAVE FIRSTHAND KNOWLEDGE OF THIS NEWLY DISCOVERED EVIDENCE, THEY WOULD CALL THOSE WITNESSES. THE STATE WOULD HAVE A CHANCE TO REBUT WHATEVER EVIDENCE THEY PUT UP. THE STATE WOULD HAVE A CHANCE TO CROSS-EXAMINE THOSE WITNESSES. SO IT WOULD REALLY BE A SEPARATE HEARING WHERE THE JUDGE HAS GOT TO CONSIDER ALL THE EVIDENCE AND DETERMINE WHETHER OR NOT THOSE FIVE FACTORS HAVE BEEN MET. AND SLOAN ELLIS ADDS THAT SINCE MURDOCH’S CASE IS ALREADY ON APPEAL, HIS ATTORNEYS WILL FIRST HAVE TO ASK THE COURT OF APPEALS FOR A PAUSE, THEN GO BACK IN FRONT OF THE TRIAL JUDGE TO HEAR THEIR NEW MOTION FOR A NEW TRIAL. IN THE NEWS CONFERENCE TOMORROW AFTERNOON. BE SURE
Alex Murdaugh’s attorneys have newly filed motion for a new trial
Dick Harpootlian and Jim Griffin say motion is based on ‘after discovered evidence’
Updated: 5:11 PM EDT Sep 4, 2023
Tomorrow afternoon, Alex Murdaugh’s attorneys will meet with the media to discuss a newly filed motion for a new trial based on after discovered evidence. Murdaugh is the Lowcountry lawyer who was convicted in the brutal murders of his wife, Maggie and his youngest son, Paul, on March 2 of this year. We turned to Greenville attorney Sloan Ellis, a partner at Ellis Hinton Law, and a former federal prosecutor. Ellis says under Rule 29 of the South Carolina Rules of Criminal Procedure, after a trial, you can make a motion for a new trial based on after discovered evidence, and he says that’s pretty specific. “What you have to show is one, that evidence would likely change the result of the trial; two the evidence was discovered since the trial took place; three, it could not have been discovered before the trial, by the exercise of due diligence; four that it is material to the issue of guilt or innocence; and five, that it’s not merely cumulative, meaning it’s not merely a regurgitation of what the defense presented at trial. And it’s not just impeaching, you can’t just try to prove that someone involved was bias for some reason,” Ellis said.But the first order of business for the defense team is to ask the Court of Appeals for a pause on the appeal they’ve already fled in the case. Then, go back to the trial judge to ask for a new trial.Ellis says, “It would be decided by the judge who heard the trial, and there would likely be a hearing on it. And if they have witnesses who have first-hand knowledge of this newly discovered evidence, they would call those witnesses. The state would have a chance to rebut whatever evidence they put up. The state would have a chance to cross-examine those witnesses. So, it would really be a separate hearing where the judge has got to consider all the evidence and determine whether or not these five factors have been met.”Ellis says that even if the defense isn’t able to successfully argue it’s case for a new trial, there’s value in trying. “As the defense team has talked about before, there are numerous legal issues that are going to be heard by the Court of Appeals on the appeal. And some legal experts that I’ve talked to think some of those issues really have merit,” Ellis said.Those arguments become a part of the legal record, and the Court of Appeals will consider them in conjunction with all of the other legal merits. The news conference is scheduled for 2:30 p.m. on Tuesday afternoon in Columbia on the south side of the State House grounds, near the Court of Appeals.
GREENVILLE, S.C. —
Tomorrow afternoon, Alex Murdaugh’s attorneys will meet with the media to discuss a newly filed motion for a new trial based on after discovered evidence.
Murdaugh is the Lowcountry lawyer who was convicted in the brutal murders of his wife, Maggie and his youngest son, Paul, on March 2 of this year.
We turned to Greenville attorney Sloan Ellis, a partner at Ellis Hinton Law, and a former federal prosecutor.
Ellis says under Rule 29 of the South Carolina Rules of Criminal Procedure, after a trial, you can make a motion for a new trial based on after discovered evidence, and he says that’s pretty specific. “What you have to show is one, that evidence would likely change the result of the trial; two the evidence was discovered since the trial took place; three, it could not have been discovered before the trial, by the exercise of due diligence; four that it is material to the issue of guilt or innocence; and five, that it’s not merely cumulative, meaning it’s not merely a regurgitation of what the defense presented at trial. And it’s not just impeaching, you can’t just try to prove that someone involved was bias for some reason,” Ellis said.
But the first order of business for the defense team is to ask the Court of Appeals for a pause on the appeal they’ve already fled in the case. Then, go back to the trial judge to ask for a new trial.
Ellis says, “It would be decided by the judge who heard the trial, and there would likely be a hearing on it. And if they have witnesses who have first-hand knowledge of this newly discovered evidence, they would call those witnesses. The state would have a chance to rebut whatever evidence they put up. The state would have a chance to cross-examine those witnesses. So, it would really be a separate hearing where the judge has got to consider all the evidence and determine whether or not these five factors have been met.”
Ellis says that even if the defense isn’t able to successfully argue it’s case for a new trial, there’s value in trying. “As the defense team has talked about before, there are numerous legal issues that are going to be heard by the Court of Appeals on the appeal. And some legal experts that I’ve talked to think some of those issues really have merit,” Ellis said.
Those arguments become a part of the legal record, and the Court of Appeals will consider them in conjunction with all of the other legal merits.
The news conference is scheduled for 2:30 p.m. on Tuesday afternoon in Columbia on the south side of the State House grounds, near the Court of Appeals.
Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.