STATE OF GEORGIA

IN THE INTEREST OF:       *

defendant’s name, A CHILD * CASE NO.

                          * 000-96J-00000

D.O.B. 00-00-00           * FILE NO. 940000000

FIRST AMENDMENT TO MOTION FOR NEW TRIAL

Comes Now, [DEFENDANT'S NAME], and, in addition to the general grounds stated in the motion, amends his motion for new trial to include the following grounds:

(1) Defendant was denied effective assistance of counsel and a fair trial at the adjudicatory and dispositional phases of the case in that trial counsel’s performance did not meet the minimum standards required under the Sixth Amendment of the United States Constitution and comparable provisions of the Constitution of Georgia. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052(1984); Smith v. Francis, 253 Ga. 782(1985); Williams V. State, 265 Ga. 682 (1995).

2. Defendant was denied a fair trial due to the State’s loss or destruction of material evidence; to wit, the tennis shoes allegedly worn by Defendant during the commission of the aggravated battery.

3. Appellate counsel cannot competently pursue the ineffectiveness of counsel claim due to the destruction of the State’s trial file (See Motion).

WHEREFORE, [DEFENDANT'S NAME] requests a new trial.

Respectfully submitted this _____ day of ____________.

____________________

Attorney for Defendant

CERTIFICATE OF SERVICE

I certify that I have served the Assistant Solicitor of the ________ County Juvenile Court with a copy of the within and foregoing Motion by leaving same with __________________.

This _____ day of _________________.

___________________

Attorney for Defendant