Trial Court Has Authority and Discretion to Hear Late Filed Motion to Amend Timely Filed Motion For New Trial

State v. DeLaCruz, Jr., Minn.Ct.App., 8/1/2016.  A jury convicted Mr. DeLaCruz, Jr. of first degree burglary, kidnapping, several sexual misconduct crimes and assault.  Mr. DeLaCruz, Jr. filed a pro se motion for a new trial within the fifteen day window prescribed by the criminal rules.  Thereafter, but after the expiration of these time limits, the trial judge disclosed that he had received a court file that contained what was possibly an exculpatory police report.  Mr. DeLaCruz, Jr, filed an amended motion for new trial, this time through counsel, raising this possible Brady violation.  The initial trial judge recused himself but the next judge refused to entertain the amended motion for a new trial, saying that it was made too late.

Notice of a motion for a new trial must be served within fifteen days after the verdict or finding of guilty.  The criminal rules do not permit the trial court to extend this deadline but say nothing about amended post-trial motions.  The court of appeals concludes that this fifteen day deadline for new trial motions is a "claim-processing" rule and not a "jurisdictional" requirement.  That meant that the trial court had the authority to hear the amended new trial motion. Mr. DeLaCruz Jr. had a satisfactory reason for making the amended new trial motion outside the fifteen day window because he didn't know about the possible Brady violation during that window. The court remands the case back to the trial court to consider that violation.