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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.
)) evidence from witness that defendant had the amount of marijuana and the items found within the residence as well as the amount of marijuana recovered; 6). Evidence of defendant's illegal business activities, the amount of money the defendant had with him at the time of arrest and the amount he made from selling marijuana, and the amount of money he earned from selling marijuana; 7). That the evidence was sufficient to prove the amount and the identity of the owner or custodian of the marijuana and marijuana residue found in the home; 8). The evidence was sufficient to provide a reasonable likelihood that the amount, value, and identity of the marijuana possessed by the defendant was the result of his possession of marijuana and marijuana residue found in the residence and not the result of another person's possession of marijuana and marijuana residue found in the residence; 9). The evidence was sufficient to prove that marijuana was found in the premises which was sufficient to prove the crime of possession of marijuana; and 10). The evidence was sufficient to prove that marijuana residue was found on the clothing and in the home, the clothing had the date the marijuana was seized, the date the cocaine and marijuana was seized, the amount of cocaine and marijuana found in one or more containers in the home, the amount of cocaine and marijuana found in one or more containers in the home and the containers in which the cocaine and marijuana were found. )) defendant and his attorney were permitted to introduce into evidence from video recordings and photographs a number of items related to the alleged offenses and evidence from the testimony of other police officers and a prosecution witness; and 11). The evidence which defendant and his attorneys introduce is sufficient to prove the defendant's guilt beyond a reasonable doubt as to the three listed offenses as to which the defendant was convicted ‹and that the evidence is sufficient to prove further charges for the first, second and third offenses. )) the state moved for leave to re-open the trial based upon the defendant's appeal of a guilty plea that was based upon the plea, pursuant to the rules of appellate court, to an additional count. There were 10,000 pieces of evidence to be considered by the court in determining whether re-opening was in the best interest of the court's dignity as well as the defendant's right to a fair trial and the safety of the public. The trial court denied the defendant's request for leave to re-open. The defendant now appeals based on two grounds. This court must first determine whether there is a cause for re-opening. If there is, then defendant has no standing to.