Motion for New Trial – Attempted Murder

The Nimmo firm was hired to pursue a motion for new trial on behalf of the client after the client was convicted of attempted first degree murder. The defendant was a teacher with a masters degree in history. The evidence showed his wife began having an affair with another man and had the man living in their house. The defendant put up with a lot of insults before making a poisonous mixture, drugging the victim, and driving him to Mexico. He had taken him to a deserted area of Mexico, shot him and left him for dead. The victim survived and the defendant was charged with attempted first degree murder.

The defendant hired an attorney who had been a family “friend.” The attorney did virtually nothing and prepared very little for the case. The jury found the defendant guilty of attempted first degree murder.

Bill Nimmo was hired after the verdict and pursued a motion for a new trial. These involve extensive recreation and reconstruction of the case complete with experts and investigation. After several days of hearings, the judge found that the trial lawyer had been ineffective and granted the defendant a new trial. A favorable plea bargain was subsequently reached and the defendant went on to have a second chance at life.