California, United States of America
The following excerpt is from People v. Delvillar, F069224 (Cal. App. 2018):
reasonable diligence, discovered the new evidence before or during trial; and (5) the previous factors are "'shown by the best evidence of which the case admits.' [Citation.]" (People v. Beard (1956) 46 Cal.2d 278, 281; see also People v. Howard (2010) 51 Cal.4th 15, 43.) The trial court may also consider the credibility and materiality of the evidence in determining whether it is reasonably probable the new evidence would have led to a different outcome. (People v. Howard, supra, at p. 43.)
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