What is the test for a motion for a new trial based on newly discovered evidence?

California, United States of America


The following excerpt is from People v. Murray, B237677 (Cal. App. 2014):

23. In this respect it would not have supported a new trial motion based on newly discovered evidence even had the court allowed the testing. Under Penal Code section 1181, a trial court can grant a new trial "[w]hen new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial." (Pen. Code 1181, subd. (8).) "In ruling on a motion for new trial based on newly discovered evidence, the trial court considers the following factors: '"1. That the evidence, and not merely its materiality, be newly discovered; 2. That the evidence be not cumulative merely; 3. That it be such as to render a different result probable on a retrial of the cause; 4. That the party could not with reasonable diligence have discovered and produced it at the trial; and 5. That these facts be shown by the best evidence of which the case admits."' [Citations.]" (People v. Delgado (1993) 5 Cal.4th 312, 328.)

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