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IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF ) )) V. ) NO. )) NAME OF DEFENDANT ) )) MOTION FOR NEW TRIAL Comes now ________________ and files this Motion for New Trial herein and in support thereof would show unto the Court that the Defendant is entitled to a new trial for the following reasons: 1). The State mentioned in closing arguments statements concerning the projected use of a dog if a consent to search was not granted by the Defendant and there was no testimony of same before the jury; 2). The State mentioned in their testimony before the Jury the "Cartel" and how they package, deliver drugs and how much they bring in to the United States which was not relevant to the issues in this trial for which a mistrial was requested; 3). The State attempted to raise in their case that circles on the map were known "Drug Cities" through the testimony of Officer ______________ and managed to get part of that information before the Jury before the Court sustained the Objection; 4). The Court allowed the State to testify in rebuttal testimony as to what had happened to the Marijuana, when no question was asked to any of the defendant's witnesses about what happened to the Marijuana.
5). The evidence that the two witnesses who testified of marijuana in their possession on the morning of the trial the same day as the trial was set for did not testify concerning how that marijuana had been transported from the crime scene to the residence, when no attempt of the defendant was made to show that a different story had actually been told and thus the jury IA not being given the truth. [fn15] and finally, 6). The court allowed the testimony of the state's detective on the stand, when no question was asked of the witness as to where the marijuana and any other narcotics were transported from the crime scene to the residence and the defendant was not given an opportunity to cross-examine the detective about the witness' account. [fn16] fn15. (1). Defendants appeal from the grant of a judgment of not guilty by reason of insanity, the verdict of the jury to the contrary notwithstanding. In its brief to this court, the state is represented by Michael pfeffer, state's attorney, and michael j. Van, state's attorneys, in addition to william e. Smith, assistant attorneys general, Michael e. Kelly, assistant attorneys general, and William e. Hines, assistant attorney general. [fn17] in this appeal, they are joined by Ronald j. Rupes, esq., who is also a deputy state attorney. Fn16. At the time of this trial, the state still had a case against the defendant, but had pleaded no contest in order to be released on bond. [fn18] at that time, appellant had been incarcerated in the Indiana department of correction since january 9. At the time of trial, both the defendant and the state had exhausted their appellate options and, pursuant to § 17-101-1, the motion for mistrial was denied. Fn17. (2). "if the circuit court grants a new trial on a case where there has been a change of venue, the new trial will be on the record before the court. However, if the defendant has moved for a new trial, but the trial court denies the motion, the record will be preserved for a future hearing. . . ." state v. Smith, supra, 393 at 621. Fn18. Because the defendant did not file a supplemental motion for a new trial, all the issues on the motion for mistrial were denied. Fn19.