Can a motion for a new trial based upon newly discovered evidence be reviewed for an abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Varsamas, 117 F.3d 1426 (9th Cir. 1997):
Denial of a motion for a new trial based upon newly discovered evidence is reviewed for an abuse of discretion. United States v. Sarno, 73 F.3d 1470, 1507 (9th Cir.1995), cert. denied, 116 S.Ct. 2555 (1996). To obtain a new trial, the defendant must show that
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