State v. Guillory

liWe have observed tension between conflicting rulings of this court as to whether a trial judge’s ruling on a motion for new trial to serve the ends of justice presents a question of law reviewable under an abuse of discretion standard. State v. Miller, 05-1111, p. 1 (La.3/10/06), 923 So.2d 625, 626. For the reasons set forth below, we find the grant or denial of a motion for new trial pursuant to La.Code Crim. Proc. art. 851(5) presents a question of law subject to appellate review.

After a jury trial, Vedo Guillory was convicted of two counts of aggravated rape and one count of aggravated…