What are the five factors used in assessing newly discovered evidence in a motion for a new trial?

California, United States of America


The following excerpt is from People v. Pilola, B158266 (Cal. App. 2015):

To the extent appellant contends that the trial court erred by not expressly discussing the five factors listed in People v. Delgado (1993) 5 Cal.4th 312, 328, for evaluating newly discovered evidence,4 the contention begs the question. Only if the trial court determines that the recantation is credible must it consider the other requirements for granting a new trial on the grounds of newly discovered evidence. (See Minnick, supra, 214 Cal.App.3d at p. 1482 ["Once the trial court has found the recantation to be believable, it must then decide whether consideration of the recantation would render a different result on retrial reasonably probable"].) Given that the court found that the recantation was not credible (that is, not worthy of belief by a reasonable jury), the court necessarily concluded that the recantation would not render a different result probable on retrial. That determination was sufficient to deny the new trial motion.

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