California, United States of America
The following excerpt is from People v. Boxie, B279023 (Cal. App. 2018):
When a party moves for new trial based on newly discovered evidence, the trial court considers several factors, including whether the evidence is (1) newly discovered, (2) not merely cumulative, (3) such as to render a different result probable on a retrial, (4) something the party, through reasonable diligence could have discovered and produced at trial, and (5) the best evidence of which the case admits. (People v. Howard (2010) 51 Cal.4th 15, 43.) "A new trial motion based on newly discovered evidence is looked upon with disfavor. We will only
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disturb a trial court's denial of such a motion if there is a clear showing of a manifest and unmistakable abuse of discretion." (People v. Mehserle (2012) 206 Cal.App.4th 1125, 1151.)
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