What is the test for a motion for a new trial when newly discovered evidence contradicts the strongest prosecution evidence?

California, United States of America


The following excerpt is from People v. Renteria, B272041 (Cal. App. 2018):

"Numerous cases hold that a motion for a new trial should be granted when the newly discovered evidence contradicts the strongest evidence introduced against the defendant. [Citations.]" (People v. Martinez (1984) 36 Cal.3d 816, 823.) Defendant acknowledges this observation and relies on it to argue that the new evidence contradicted the strongest prosecution evidence. However, in furtherance of such argument, defendant instead summarizes the weakest, not the strongest evidence presented against defendant at trial. He concludes that because the new trial evidence contradicted weak identification evidence, the trial court should have granted the motion.

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