What is the legal test for a motion for a new trial premised on denial of constitutional rights?
California, United States of America
The following excerpt is from People v. Milligan, B225563 (Cal. App. 2012):
A statutory motion for a new trial is addressed to the sound discretion of the trial court, and its ruling will not be disturbed unless a clear abuse of discretion is established. A different analysis is required when a non-statutory motion for a new trial premised on the denial of constitutional rights is made. This requires the application of a two-step process. (People v. Taylor, supra, 162 Cal.App.3d at p. 724.)
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