What is the burden of proving that a motion for Pitchess was prejudicial?
California, United States of America
The following excerpt is from People v. Flores, F069504 (Cal. App. 2016):
In making a motion for new trial, defendant has a heavy burden to prove the court's erroneous denial of his pretrial Pitchess motion was prejudicial. His motion for new trial must be supported by any newly discovered evidence to show there is a reasonable probability that a different result would have occurred if the information had been disclosed prior to trial. (See, e.g., People v. Hustead (1999) 74 Cal.App.4th 410,
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