What is the test for denying a motion for a new trial because a witness made an improper statement?
California, United States of America
The following excerpt is from People v. Rices, 226 Cal.Rptr.3d 118, 4 Cal.5th 49, 406 P.3d 788 (Cal. 2017):
contributing to his criminal behavior. (See People v. Dement (2011) 53 Cal.4th 1, 40, 133 Cal.Rptr.3d 496, 264 P.3d 292 [witness's improper statement "was largely duplicative of evidence the jury properly received"].) Thus, the court acted within its discretion in denying the new trial motion.
[226 Cal.Rptr.3d 159]
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