Alabama Supreme Court Opinion on Motion for New Trial

In the case of Ex parte Amanda Holderfield, the Alabama Supreme Court cleared up an issue that frequently arises in criminal cases where there is a plea.  The plea is taken and the restitution is left open for 30 days for the State to get the information.  When the restitution is submitted to the court the Defense attorney is shock by the amount and files a motion.

The Court determined that a motion to modify or set aside restitution order in a criminal case is treated as a motion for a new trial with regard to tolling the time for taking an appeal.

Read the Opinion

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