What is the test for a motion for a new trial in a sexual assault case?

California, United States of America


The following excerpt is from People v. Navarette, 133 Cal.Rptr.2d 89, 30 Cal.4th 458, 66 P.3d 1182 (Cal. 2003):

Defendant argues the trial court should have granted his motion for a new trial, which he based on insufficiency of the evidence and juror bias. We review a trial court's ruling on a motion for a new trial under a deferential abuse-of-discretion standard. (People v. Davis (1995) 10 Cal.4th 463, 524, 41 Cal.Rptr.2d 826, 896 P.2d 119.) In challenging the trial court's ruling, defendant merely incorporates by reference arguments appearing in other places in his appellate brief. Specifically, he asserts (1) his intoxication at the time of his crimes prevented him from forming the specific intent or other mental state necessary to establish his guilt, and (2) concerns jurors expressed about their safety establish their bias against him. We have already rejected these arguments, and do so again in the present context.

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