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Juvenile's Motion for New Trial

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May 19, 2005, 13:24
Jen Tharp
Juvenile's Motion for New Trial
I have a juvenile case that was an open plea to agg sex assault of child-only one count charged. PUnishment evidence revealed 2-3 other victims. Went to grand jury and got eligibility for determinate sentence. Judge gave juvenile 10 years to do in TYC.

Juvenile's grounds for new trial are: (1) counsel represented to judge that the Judge would determine whenther juvenile would be paroled from TYC (not actually true) and (2) the determinate sentence was too severe as compared to sanction levels for 1st degree felony (arguing should have been sanction level 5).

My question is whether a juvenile is able to file a motion for new trial when not complaining of jury misconduct or discovery of new evidence. Prof. Dawson's book and case law stating that you follow rules of civil procedure for appeals.

Jen Tharp
May 24, 2005, 13:41
david curl
You seem to imply that in civil cases, MNT are limited to jury misconduct and new evidence. MNT in civil cases can be based on any "good cause." TEX. R. CIV. P. 320.

But MNT in juvenile cases are not always controlled by the Civil Rules. See In re M.A.F., 966 S.W.2d 448, 450 (Tex. 1998) ("Because Rule 30(b) [now 21.3] is in the nature of a rule of evidence, the Family Code extends its applicability to juvenile proceedings."); see also In re C.O.S., 988 S.W.2d 760 (Tex. 1999) (applying adult preservation standard to juvenile admonishment issue). Rule 21.3 is the non-exhaustive list of grounds for new trial in criminal court.