Can a judge who did not preside at trial review a defendant's motion for a new trial?
California, United States of America
The following excerpt is from People v. Castaneda, 2d Crim. No. B249571 (Cal. App. 2018):
As these cases recognize, "section 1181 does not confer on the criminal defendant the right to have a new trial motion decided by the judge who presided at trial. A judge who did not preside at trial can perform its supervisory function under section 1181 by independently reviewing the trial record in order to determine whether the evidence supports the verdict." (People v. Moreda, supra, 118 Cal.App.4th at p. 515.) Even if it were
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