California, United States of America
The following excerpt is from People v. Schmidt, E061429 (Cal. App. 2016):
Defendant relies on People v. Williams (1962) 57 Cal.2d 263. There, the defendant brought a motion for new trial based on the testimony of three new witnesses one whom he already knew about at the time of trial, and two others whom he learned about later through the first, undisclosed witness. (Id. at pp. 268-269.) The court held that the first witness's testimony was not newly discovered evidence; however, the other two witnesses' testimony was newly discovered. (Id. at p. 274.) It explained that even if the defendant had tried to interview the first witness, she was a "potentially hostile witness" who "did not want to testify"; thus, she would not necessarily have told him about the other two. (Ibid.) This simply means that the defendant there could not have
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