What is the test for overturning a motion for a new trial?
California, United States of America
The following excerpt is from People v. Hayes, 21 Cal.4th 1211, 91 Cal.Rptr.2d 211, 989 P.2d 645 (Cal. 1999):
A trial court's ruling on a motion for new trial is so completely within that court's discretion that a reviewing court will not disturb the ruling absent a manifest and unmistakable abuse of that discretion. (People v. Delgado (1993) 5 Cal.4th 312, 328, 19 Cal.Rptr.2d 529, 851 P.2d 811.) This is not such a case.
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