What is the test for "abuse of discretion" in a motion for a new trial?

MultiRegion, United States of America

The following excerpt is from United States v. Gigliotti, 17-1541, 17-2166 (2nd Cir. 2021):

"We review for abuse of discretion the district court's denial of a motion for a new trial." United States v. Josephberg, 562 F.3d 478, 488 (2d Cir. 2009). A district court "abuses" or "exceeds" its discretion when: "(1) its decision rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding, or (2) its decisionthough not

Page 8

necessarily the product of a legal error or a clearly erroneous factual findingcannot be located within the range of permissible decisions." Zervos v. Verizon N.Y., Inc., 252 F.3d 163, 169 (2d Cir. 2001) (footnotes omitted). "In determining whether to grant a Rule 33 motion, the ultimate test is whether letting a guilty verdict stand would be a manifest injustice." United States v. Walker, 974 F.3d 193, 208 (2d Cir. 2020) (internal quotation marks and alteration omitted).

Other Questions


Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
Is a denial of a continuance of a motion for a motion to keep a defendant on trial an abuse of discretion? (MultiRegion, United States of America)
What is the test for abuse of discretion in the context of a motion to dismiss a motion for improper use of discretion? (MultiRegion, United States of America)
What is the test for abuse of discretion in a motion for a new trial? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
Does a motion to adjourn trial following a superseding indictment for abuse of discretion need to be considered before the US Supreme Court? (MultiRegion, United States of America)
What is the test for abuse of discretion in a motion for a new trial? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence for an abuse of discretion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.