What is the test for granting a motion for a new trial based on newly discovered evidence?

California, United States of America


The following excerpt is from People v. Trulove, A130481 (Cal. App. 2013):

The grant or denial of a motion for a new trial " ' "will not be disturbed unless a manifest and unmistakable abuse of discretion clearly appears." ' " (People v. Delgado (1993) 5 Cal.4th 312, 328.) In ruling on a motion based on newly discovered evidence, the trial court should determine, among other things, whether the evidence would probably render a different result on retrial. (Id. at p. 328.) To do so, the court may

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consider the credibility and materiality of the evidence. (Ibid.) This court, in determining whether there has been a proper exercise of discretion on such motion, examines each case on its own facts, "recognizing that the trial court is in the best position to determine the genuineness and effectiveness of the showing in support of the motion." (People v. Minnick (1989) 214 Cal.App.3d 1478, 1481 (Minnick).)

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