State v. Lowe-Kelley

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Defendant was sentenced following his conviction on two counts of first degree murder and nine counts of attempted first degree murder. Defendant's attorney subsequently filed a motion requesting a new trial and withdrew as counsel. The motion contained no specific grounds for relief. The trial court appointed replacement counsel. Several months later, replacement counsel amended the motion for new trial to allege specific grounds for relief. The trial court denied the amended motion for new trial. The court of criminal appeals held that the original motion for new trial was a nullity because it contained no grounds for relief and that the trial court therefore did not have jurisdiction to permit the amendment of the motion. The court of criminal appeals therefore considered Defendant's specific grounds for relief as waived. The Supreme Court reversed, holding that the original motion for new trial met the requirements of Tenn. R. Crim. P. 33 despite its failure to allege specific grounds for relief and that the trial court retained jurisdiction to permit the amendment of the motion. Remanded. View "State v. Lowe-Kelley" on Justia Law