What are the requirements for a new trial in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Flynn, 77 Cal.App.4th 766, 91 Cal.Rptr.2d 902 (Cal. App. 2000):

Among the requirements for a new trial to be granted on such grounds are that the new evidence not be cumulative, and that a different outcome would be probable at a retrial. (Pen. Code, 1181, subd. 8; People v. Turner (1994) 8 Cal.4th 137, 212.)

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