What is the role of the trial judge in determining whether or not to grant an order requiring a retrial?

California, United States of America


The following excerpt is from Brandwein v. Rodriguez, 133 Cal.App.2d 433, 284 P.2d 130 (Cal. App. 1955):

It is well established that 'the trial judge is familiar with the evidence, witnesses and proceedings, and is in the best position to determine whether, in view of all the circumstances, justice demands a retrial'. The presumptions on appeal are in favor of the order, and the appellate court does not independently redetermine the question. Review is limited to the inquiry whether there is any support for the ruling, and the order will be reversed only where there is a strong showing of abuse of discretion. Perry v. Fowler, 102 Cal.App.2d 808, 229 P.2d 46.

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