Court Appeals Cracks Down on "Skeleton" Motions
For years, attorneys handling criminal appeals have been filing motions known as "skeleton" motions in order to avoid the thirty-day limit for requesting a new trial established by the Tennessee Rules of Criminal Procedure. These motions are generally motions that contain just enough information to actually be considered motions for a new trial but without any real information pertaining to the motion, the case, or the grounds for appeals. Attorneys were able to use these motions as a type of placeholder because courts would allow them to go back and "amend" their initial motion by filling in the requisite information at a later time. This allowed the attorney more time to gather his or her thoughts and analyze the evidence before putting the grounds for appeal in the motion itself.
In a recent case called State of Tennessee v. Lowe-Kelley, the Court of Criminal Appeals emphasized that this practice was not authorized by Tennessee law and held that a skeletal motion in that case was not a proper motion for a new trial. Thus, the defendant had failed to file his motion within the thirty-day time limit and was deemed to have waived many important issues on appeal. At the very least, the court said, the motion should specify the grounds for appeal and the facts supporting those grounds. In other words, one cannot simply file a nonsensical motion and have it toll the time limit just because it happens to be titled as a motion for new trial.
This case emphasizes the importance of having an attorney that is familiar with the criminal process and its requirements, especially as they pertain to issues of pleading and appeals. Contact a skilled East Tennessee criminal defense attorney for assistance with your case.
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