What is the test for a motion to reopen a criminal case?
California, United States of America
The following excerpt is from People v. Perez, C040879. (Cal. App. 2003):
We apply an abuse of discretion standard in reviewing a trial court's decision to permit the reopening of a criminal case. (People v. Ayala (2000) 23 Cal.4th 225, 282.)
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Among the factors we consider are: (1) the stage the proceedings had reached at the time of the motion, (2) the diligence of the moving party in presenting the new evidence, (3) the likelihood that the jury would accord the new evidence undue emphasis, and (4) the significance of the proffered evidence. (People v. Funes (1994) 23 Cal.App.4th 1506, 1520.)
All of these factors point to a proper exercise of the trial court's discretion.
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