Can a motion for a new trial be granted on the basis of counsel misconduct?

In Malkasian v. Irwin (1964) 61 Cal.2d 738, 40 Cal.Rptr. 78, 394 P.2d 822, the trial court was affirmed in its order granting a motion for a new trial on the basis of counsel misconduct after determining and expressing the opinion that there was a resulting "miscarriage of justice". The appellate court emphasized that such a determination is completely within the trial court's discretion and that its action will not be disturbed ¹⁹ "... unless a manifest and unmistakable abuse of discretion appears." (Id., p. 747, 40 Cal.Rptr. 78, 394 P.2d 822.) In the case at bench, the trial court obviously made a determination that the complained of conduct did not have such an effect. Under the same rule, on appeal, no abuse appears here.