What is the test for whether a result in a retrial is reasonable probable?
California, United States of America
The following excerpt is from The People v. Padilla, F056829, No. DF008898A (Cal. App. 2010):
test of whether a different result in retrial is reasonable probable "is not a subjective one whether a particular trier of fact would be persuaded by the new evidence to reach a different conclusion, but rather is an objective one based on all the evidence, old and new, whether any second trier of fact, court or jury, would probably reach a different result." (People v. Huskins (1966) 245 Cal.App.2d 859, 862.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a reasonable probability of a more favourable result under the reasonable beyond reasonable doubt standard? (California, United States of America)
Is there a reasonable probability that there was no reasonable probability of error affecting a result? (California, United States of America)
What is the test for reversal of a judgment in the Superior Court of Appeal on the issue of whether the newly discovered evidence was such as to render a different result probable on a retrial of the cause? (California, United States of America)
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
Can a defendant be denied relief under the federal reasonably probable standard or state reasonably probable? (California, United States of America)
What is the test for "probable and reasonable" or "reasonably foreseeable" in addressing the natural and probable consequences of climate change? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (California, United States of America)
Is there a reasonable probability that defendant would have obtained a more favorable result absent counsel's shortcomings? (California, United States of America)
What is a reasonable probability of an election result? (California, United States of America)
Does the absence of an instruction defining reasonable doubt result in a jury failing to apply the same reasonable doubt test? (California, United States of America)
