How has discretion been exercised in determining whether to grant a motion for a new trial?
California, United States of America
The following excerpt is from People v. Schmidt, E061429 (Cal. App. 2016):
the ruling absent a manifest and unmistakable abuse of that discretion."'" [Citation.]' [Citation.]" (People v. McCurdy (2014) 59 Cal.4th 1063, 1108.)
The trial court properly denied the new trial motion on the ground that the evidence was not newly discovered.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
Does a trial court have the power to exercise discretion in determining whether to grant relief to a plaintiff in a civil case? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion is invalid? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
