How has the court treated a motion for a new trial?

California, United States of America


The following excerpt is from People v. Prieto, 133 Cal.Rptr.2d 18, 30 Cal.4th 226, 66 P.3d 1123 (Cal. 2003):

As an initial matter, we note that defendant does not contend the trial court abused its discretion by denying his motion for a new trial. Indeed, the evidence in the record amply supports the court's conclusion that the jurors had no improper contacts with nonjurors. Thus, the court did not commit a "manifest and unmistakable abuse of its discretion in refusing to grant the motion. (People v. Hayes (1999) 21 Cal.4th 1211, 1260-1261, 91 Cal.Rptr.2d 211, 989 P.2d 645.)

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