Simpson v. Campbell

Tamera Simpson petitions this court for a writ of habeas corpus. Because we find the trial court abused its discretion in arbitrarily refusing to consider petitioner’s request for post-trial release, we grant relief.

Simpson was charged with aggravated battery, a felony. A jury found her guilty of the lesser-included offense of simple battery, a misdemeanor. Sentencing was postponed and, because he was scheduled to leave the country shortly after conclusion of the trial, defense counsel made an ore tenus motion for new trial with leave to amend at a later date. The motion was granted. The…