What is the test for a defense request to reopen a trial?

California, United States of America


The following excerpt is from People v. Flores, F077192 (Cal. App. 2020):

A request to reopen is "'"addressed to the [trial] court's sound discretion"'" and the trial court's ruling is reviewed for abuse of discretion. (People v. Masters (2016) 62 Cal.4th 1019, 1069; see 1093, 1094.) In determining whether an abuse of discretion occurred, the reviewing court considers four factors: "'"'"(1) the stage the proceedings had reached when the motion was made; (2) the defendant's diligence (or lack thereof) in presenting the new evidence; (3) the prospect that the jury would accord the new evidence undue emphasis; and (4) the significance of the evidence."'"'" (Ibid.) In the instant case, each of these factors weighed in favor of allowing the defendant to testify.

(1) Review of Trial Court's Ruling on Defense Request to Reopen

Other Questions


Is a defendant's right to testify in his own defense justified when the trial court rejects a request by the defense to reopen his case? (California, United States of America)
What is the test for denying a defense request to reopen a trial? (California, United States of America)
What is the test for denying a defense request to reopen a trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is a defendant's contention that the trial court erred in denying defense counsel's request for an instruction identifying mitigating factors? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
What is a trial court's duty to instruct sua sponte on certain self-defense defenses? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
When a trial court makes disparaging or disparaging remarks to the defense counsel or witnesses, is it necessary for a new trial? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.