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
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