California, United States of America
The following excerpt is from People v. Jones, 135 Cal.Rptr.2d 370, 30 Cal.4th 1084, 70 P.3d 359 (Cal. 2003):
In determining whether a trial court has abused its discretion in denying a defense request to reopen, the reviewing court considers the following factors: "(1) the stage the proceedings had reached when the motion was made; (2) the defendant's diligence (or lack thereof) in presenting the new evidence; (3) the prospect that the jury would accord the new evidence undue emphasis; and (4) the significance of the evidence." (People v. Funes (1994) 23 Cal.App.4th 1506, 1520, 28 Cal. Rptr.2d 758.)
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