Is there any error in denying a motion for a new trial?
California, United States of America
The following excerpt is from People v. Pack, F061140, Super. Ct. No. 1232853 (Cal. App. 2012):
The denial of a new trial motion is subject to an independent standard of review. (People v. Ault (2004) 33 Cal.4th 1250, 1262.) When, as here, the motion for new trial was based upon an assertion that admission of gang evidence was an abuse of discretion or highly inflammatory, and we have concluded it was neither, then it follows there was no error in denying the motion for new trial.
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