Trial and Appeals

Exhibit E – Rehearing August 25, 2010

Explanation: Once an appeal has been denied by the Court of Appeals, an appeal can be filed with the Virginia Supreme Court where an attorney can ask to speak directly with the judges.  If that appeal is denied then a petition for rehearing can be filed with the same court.

Theory/Fact of Document: Most appeals will always be denied in part because the state will not want to change a verdict won by a state prosecutor.

Exhibit E – Rehearing August 25, 2010

Pg. 12 & 13 of Transcript Motion to Set Aside Verdict

Explanation: At the point where a verdict has been rendered by a jury, the defense attorney motions the court to set aside the verdict based on errors at trial that violated his client’s rights.  Valid points introduced on Hockman’s behalf were totally ignored by Judge Lane.

Page 12 & 13 of Transcript Motion to Set Aside Verdict

Page 19 – Transcript of Pre-Trial

Explanation: Hockman’s attorney states on the record to the judge before a trial date is to start that this will be his first trial involving a female defendant.  How would you feel if your daughter’s life was in this man’s hands?

Page 19 – Transcript of Pre-Trial 

Motion to Strike by Hockman’s Defense (Trial) Pages 4-6 

Explanation: At the close of Marsha Garst’s case against Hockman, her defense team argued to Judge Lane that the indictments against Hockman should be dismissed against her.  (This is done at every trial and is only a formality)

Motion to Strike by Hockman’s Defense Pages 4-6

Motion to Strike by Hockman’s Defense (Trial) Pages 205-206 

Explanation: At the close of Hockman’s case being presented to the jury, the defense team argued to Judge Lane once again that the indictments against Hockman should be dismissed against her.  (This is done at the end of the defense’s case and is only a formality)

Motion to Strike by Hockman’s Defense Pages 205-206

Motion for Instruction by Hockman’s Defense – Pages 215-219 

Explanation: Before a jury receives the green light to decide someone’s fate, both sides ask the judge to allow instructions to the jury that best explain their case.  Hockman’s defense argued for a defense of self and others instruction, which was the crux of the case from the beginning.  A manslaughter, heat of passion instruction was also requested.

Motion for Instruction by Hockman’s Defense – Pages 215-219

Motion to Set Aside – March 17, 2009 – Pages 4-11 

Explanation: At sentencing, Hockman’s defense argued to Judge Lane that her conviction should be set aside and a new trial granted due to violations affecting her right to a fair trial.

Motion to Set Aside – March 17, 2009 – Pages 4-11