In what circumstances will a motion be granted based on newly discovered evidence that may merely impeach a witness?

California, United States of America


The following excerpt is from People v. Pamphile, B248604 (Cal. App. 2014):

generally will not be granted based on newly discovered evidence that may merely impeach a witness. (People v. Moten (1962) 207 Cal.App.2d 692, 698; People v. Green (1982) 130 Cal.App.3d 1, 11.) We see no reason to depart from that general rule here.

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