What is the standard of review for a motion of appeal against a finding that the trial court erred in failing to grant a new trial on the grounds of misconduct of counsel?

California, United States of America


The following excerpt is from Dominguez v. Pantalone, 212 Cal.App.3d 201, 260 Cal.Rptr. 431 (Cal. App. 1989):

To the extent that appellant also claims that the trial court erred in failing to grant her a new trial on the ground of misconduct of counsel, we apply the standard of review set out in City of Los Angeles v. Decker (1977) 18 Cal.3d 860, 135 Cal.Rptr. 647, 558 P.2d 545: "In our review of such order denying a new trial, as distinguished from an order granting a new trial, we must fulfill our obligation of reviewing the entire record, including the evidence, so as to make an independent determination as to whether the [attorney misconduct] was prejudicial." (Id., at p. 872, 135 Cal.Rptr. 647, 558 P.2d 545, original emphasis.) 2 This standard of review is

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