What is the general rule against further consideration on a motion for a second new trial?

California, United States of America


The following excerpt is from People v. Corpuz, A121199, San Francisco City and County Super. Ct. No. 19507 (Cal. App. 2011):

trial, where certain policy considerations render the general rule inapplicable [citation]; or (3) where the order is entered inadvertently or prematurely.' " (Id. at p. 1230.) The general rule against further consideration "does not deprive trial courts of the power to hear second new trial motions. Rather, it directs them to avoid extended new trial proceedings where possible, subject to reasonable exceptions in the interests of justice." (People v. Stewart (1988) 202 Cal.App.3d 759, 763 [interests ofjustice supported the trial court's reconsideration of its prior denial where the second motion raised issues of ineffective assistance of counsel].)

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