California, United States of America
The following excerpt is from People v. Williams, D056539 (Cal. App. 2011):
Moreover, nothing in the record indicates the prosecutor actually disputed the information obtained by the defense investigator. Instead, the prosecutor took the position that the information, even if true, did not amount to prejudicial misconduct. Absent a factual dispute necessitating a hearing to resolve, the trial court acted within its discretion in deciding the motion for new trial without holding a hearing. (People v. Davis (2009) 46 Cal.4th 539, 625.)
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