Is there any error in granting a motion for a new trial when the trial judge dies before hearing the motion?

California, United States of America


The following excerpt is from People v. Archerd, 200 Cal.App.3d 174, 245 Cal.Rptr. 814 (Cal. App. 1988):

"We cannot agree. Defendant had the benefit of a full jury trial. He has advanced no reason why the verdict is contrary to the law or evidence, and we see none. It is interesting to note that the points and authorities in support of motion for new trial filed in the trial court raised only two grounds: one--not raised on appeal--was that a delay in sentencing required a new trial; the other was the circular argument raised here, that the motion must be granted because it could not be properly heard. In any event, there is no error in having another judge hear and rule on the motion for a new trial when the trial judge dies before the motion can be heard. ( People v. Clifton, 270 Cal.App.2d 860, 862 [76 Cal.Rptr. 193].)" (Id. at pp. 463-464, 102 Cal.Rptr. 11.)

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