Is there an evidentiary hearing as part of a motion for a new trial?
California, United States of America
The following excerpt is from The People v. Mistler, C062054, No. CRF046307 (Cal. App. 2010):
As set forth above, the decision whether to have an evidentiary hearing as part of the motion for a new trial is within the discretion of the trial court. (People v. Williams, supra, 16 Cal.4th 635, 686.) Defendant has failed to show an abuse of discretion.
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