Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

1.18.020 New Trial Grounds

The court, on application from the defendant, may grant a new trial based on the following cause or causes:

(a) When it has been proven to the court that the jury has received unauthorized evidence, which the court determines was not harmless error and materially prejudiced the outcome of the verdict.

(b) When the verdict has been decided by lot or by means other than a fair expression of opinion on the part of all the jurors.

(c) When the Tribal Court has refused to instruct the jury properly about the law.

(d) When for any other cause the defendant has not received a fair and impartial trial.

(e) Newly discovered evidence not unavailable at the time of the first trial. This newly discovered evidence must be material, and which the defendant could not, with reasonable diligence, have discovered and produced at trial.

Original url: /us/nsn/tmchippewa/council/code/1.18.020

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