Does a judge passing upon a motion for a new trial have the power and authority to decide a case?
California, United States of America
The following excerpt is from Kershner v. Morgali, 152 Cal.App.2d 884, 314 P.2d 105 (Cal. App. 1957):
Even though the judge passing upon a motion for new trial did not try the case, his power and discretion is as broad as though he had himself been the trial judge. This is true whether the case is tried with a jury, (Woods v. Walker, 57 Cal.App.2d 968, 136 P.2d 72) or by the court without a jury (Halperin v. Guzzardi, 95 Cal.App.2d 31, 212 P.2d 9).
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