California, United States of America
The following excerpt is from People v. Pamphile, B248604 (Cal. App. 2014):
A criminal defendant may move for new trial on specified grounds, including newly discovered evidence. ( 1181, subd. 8.) The trial court's order denying the motion for new trial is reviewed for an abuse of discretion. (People v. Lewis (2001) 26 Cal.4th 334, 364.) "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
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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."'" (People v. Delgado (1993) 5 Cal.4th 312, 328.)
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