Is a motion for a new trial a prejudicial trial error?
California, United States of America
The following excerpt is from People v. Sanchez, B241883 (Cal. App. 2013):
"[W]e independently review orders denying a motion for new trial to determine if prejudicial trial error occurred (People v. Ault (2004) 33 Cal.4th 1250, 1261 [17 Cal.Rptr.3d 302, 95 P.3d 523])." (People v. Mayham (2013) 212 Cal.App.4th 847, 850.)
"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
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (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)
Is there any error in granting a motion for a new trial when the trial judge dies before hearing the motion? (California, United States of America)
Can a motion for a new trial be appealed from the order denying defendant's motion for new trial? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does defendant fail to show prejudice in a motion where the trial court failed to sustain his objection to a finding that the evidentiary error was prejudicial? (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)
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)
Can a defendant bring a motion for a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
