Sometimes the best opportunity to win a case is on appeal. Even years after a conviction, new evidence may still lead to a valid motion for a new trial. A key witness at trial may come forward to recant his or her testimony. A new witness may come forward that neither party knew existed. A piece of evidence may surface that was either unknown or hidden at trial. When new, relevant and material testimony is offered, a motion for a new trial should be filed.
Bringing Forth a Motion for a New Trial in Massachusetts
Boston appeals attorney David R. Yannetti and his associates have many years of experience arguing before the Massachusetts Appeals Court, the Supreme Judicial Court and the First Circuit Court of Appeals. With our superior persuasive writing and oral advocacy skills, we are uniquely qualified to bring a motion for new trial to try to resurrect your case. To our attorneys — paraphrasing Yogi Berra, of course — a case is not truly over until it is over. Even then, there may be a way to resurrect the case and win in the end. When other attorneys may give up, our attorneys will often find a legal argument to make on your behalf. If you are seeking an attorney to file a motion for new trial on your behalf, contact attorney David R. Yannetti and his associates.
Oftentimes we will uncover evidence that suggests that you received inadequate representation during your original trial or appeal. In those circumstances, we may first bring this new information to the attention of the trial court. A motion for a new trial is filed in either superior court or district court. If the trial court denies a new trial, then the next step is to appeal the denial of a new trial.
Freeing the Unjustly Imprisoned
Attorney David R. Yannetti has been featured on the front page of Massachusetts Lawyers Weekly: "Ex-ADA helps free a man his old office once prosecuted." In that case, Attorney Yannetti's client had already served 16 years in prison after being represented by another lawyer at his first trial. Years after the conviction, however, exculpatory police reports surfaced — reports that revealed another potential suspect in the murder case.
Attorney David R. Yannetti brought a motion for a new trial in Middlesex County Superior Court. He argued that the defendant's first attorney had completely ignored exculpatory police reports featuring relevant and material evidence. Attorney Yannetti succeeded in persuading a Superior Court judge that a new trial should be granted. Attorney Yannetti successfully fought the prosecution in the Supreme Judicial Court when the D.A.'s Office appealed the Superior Court judge's ruling. Attorney Yannetti then defended the accused before a jury at the retrial and won the case. In one of the proudest moments of his career, Attorney Yannetti helped to free his client after he had unjustly served 16 years in state prison.
Call for A Free Consultation with A Massachusetts Appeals Attorney
Some cases require a fresh set of eyes to carefully review the case file and evaluate whether a motion would be valid and successful. Contact a lawyer online or call 617-338-6006 for a free phone consultation.