128 So. 3d 349
La. Ct. App.2013Background
- Daniels was convicted of four charges: two counts felon in possession of a firearm, marijuana possession (second offense), and cocaine possession.
- He moved for a new trial based on newly discovered evidence attacking the credibility of the officer who swore to the probable cause for the search warrant.
- The trial court denied the motion for new trial after a post-verdict hearing.
- Defendant waived counsel, elected to represent himself, and trial proceeded with shadow counsel before a judge rather than a jury.
- On appeal, the appellate court granted the appeal but the trial court then ruled on the motion for new trial in 2013.
- The appellate court held the trial court lacked jurisdiction to rule on the new-trial motion because an order of appeal had been entered; the case was vacated and remanded for a new hearing on the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to hear a post-judgment motion for new trial after appeal | Daniels argues the trial court retained jurisdiction under Article 851/853. | State contends appellate jurisdiction divested trial court after appeal. | Trial court lacked jurisdiction; remand required. |
| Whether the motion for new trial could be heard on remand despite pending appeal | Motion timely under Article 851(3) and post-sentence filing. | Appeal status prevented new-trial determination absent remand. | Motion to be heard on remand; remanded. |
Key Cases Cited
- State v. Molinario, 383 So.2d 345 (La.1980) (trial court lacks jurisdiction after entry of order of appeal)
- State v. Brown, 451 So.2d 1074 (La.1984) (post-appeal lack of jurisdiction to rule on new-trial motion)
- State v. Vampran, 491 So.2d 1356 (La.App.1st Cir.1986) (trial court without jurisdiction absent remand after appeal)
- State v. Robinson, 743 So.2d 814 (La.App.4th Cir.1999) (denial of new-trial after order of appeal treated as harmless error)