State v. Brand

The State appeals a superior court order vacating Brand's conviction and granting Brand a new trial, claiming (1) the motion was not timely filed, (2) the motion violates prohibitions on multiple petitions, (3) the court abused its discretion in granting the motion, and (4) the court lacked jurisdiction to hear the motion. We reverse and remand.

Brand was charged February 27, 1985, with first degree premeditated murder of his wife on February 21 or 22, 1985. Prior to trial Brand underwent extensive medical, psychiatric and psychological evaluations. The trial date was continued at least twice…