Can counsel argue that counsel argued that a motion for a new trial was invalid on the grounds of "irregularity in the proceedings"?
California, United States of America
The following excerpt is from Gill v. Gill, C067746 (Cal. App. 2014):
counsel's argument "created a miscarriage of justice such that all defendants were prevented from having a fair trial." In the absence of error, the order granting defendants' motion for new trial on this particular ground of "irregularity in the proceedings" was invalid. (Garcia v. Rehrig Internat., Inc., supra, 99 Cal.App.4th at pp. 874-875.) And, for the same reasons, the court's order denying the motion for a new trial was correct.
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