How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness?

California, United States of America


The following excerpt is from The People v. Buford, B211186, No. MA032463 (Cal. App. 2010):

We are satisfied that the trial court acted well within its discretion in determining that the proffered new testimony lacked credibility and implicitly finding that it would not have changed the result on retrial. (People v. Delgado, supra, 5 Cal.4th at p. 329 [trial court acted within discretion in finding proffered new testimony lacked credibility because witness's declaration in support of new trial motion was inconsistent with prior statements and testimony, other witness declarations, and with her demeanor as attested to by herself and by witnesses].)

IV. Appellants' claim of instructional error is forfeited and any error was harmless

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