What is the test for granting a motion for a new trial on the ground of newly discovered evidence?
California, United States of America
The following excerpt is from People v. Quinonez, B248569 (Cal. App. 2014):
"'The granting or denial of a motion for a new trial on the ground of newly discovered evidence is a matter within the sound discretion of the trial court, and in determining whether there has been a proper exercise of discretion on such motion, each case must be judged from its own factual background. [Citation.]' [Citation.]" (People v. Dyer (1988) 45 Cal.3d 26, 52.)
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