California, United States of America
The following excerpt is from Williams v. Volkswagenwerk Aktiengesellschaft, 180 Cal.App.3d 1244, 226 Cal.Rptr. 306 (Cal. App. 1986):
In Malkasian v. Irwin (1964) 61 Cal.2d 738, 40 Cal.Rptr. 78, 394 P.2d 822, the trial court was affirmed in its order granting a motion for a new trial on the basis of counsel misconduct after determining and expressing the opinion that there was a resulting "miscarriage of justice". The appellate court emphasized that such a determination is completely within the trial court's discretion and that its action will not be disturbed 19 "... unless a manifest and unmistakable abuse of discretion appears." (Id., p. 747, 40 Cal.Rptr. 78, 394 P.2d 822.) In the case at bench, the trial court obviously made a determination that the complained of conduct did not have such an effect. Under the same rule, on appeal, no abuse appears here.
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