U.S. v. TUREK, 5:11-cr-29-JMH-HAI (2015)
Court: District Court, E.D. Kentucky
Number: infdco20151030995
Visitors: 7
Filed: Oct. 29, 2015
Latest Update: Oct. 29, 2015
Summary: MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD , District Judge . This matter is before the Court upon the Motion for New Trial filed by Defendant, James Norman Turek, pro se, pursuant to Fed. R. Crim. P. 33(b) based on newly discovered evidence. [DE 102]. Federal Rule of Criminal Procedure 33 provides that, "[u]pon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires." Fed. R. Civ. P. 33. Motions "grounded on newly discovere
Summary: MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD , District Judge . This matter is before the Court upon the Motion for New Trial filed by Defendant, James Norman Turek, pro se, pursuant to Fed. R. Crim. P. 33(b) based on newly discovered evidence. [DE 102]. Federal Rule of Criminal Procedure 33 provides that, "[u]pon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires." Fed. R. Civ. P. 33. Motions "grounded on newly discovered..
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MEMORANDUM OPINION AND ORDER
JOSEPH M. HOOD, District Judge.
This matter is before the Court upon the Motion for New Trial filed by Defendant, James Norman Turek, pro se, pursuant to Fed. R. Crim. P. 33(b) based on newly discovered evidence. [DE 102].
Federal Rule of Criminal Procedure 33 provides that, "[u]pon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires." Fed. R. Civ. P. 33. Motions "grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case." Fed. R. Crim. P. 33(b)(1). A motion on any other ground "must be filed within 14 days after the verdict or finding of guilty." Fed. R. Crim. P. 33(b)(2).
The jury having returned a guilty verdict in this case on June 22, 2012 [DE 45], the time for filing a motion for new trial pursuant to Rule 33 has expired. Accordingly, Defendant's Motion for a New Trial [DE 102] is DENIED.
Source: Leagle
