Can a motion for a new trial be denied without an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dominguez, 963 F.2d 380 (9th Cir. 1992):
Dominguez complains that the district court denied a motion for a new trial without an evidentiary hearing. This circuit has held that an evidentiary hearing "must be granted unless the alleged misconduct could not have affected the verdict or the district court can determine from the record before it that the allegations are without credibility." United States v. Navarro-Garcia, 926 F.2d 818, 822 (9th Cir.1991).
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