What is the test for a motion for a new trial based on newly discovered evidence that the prosecution failed to disclose?

California, United States of America


The following excerpt is from People v. McGary, A132566 (Cal. App. 2013):

Defendant also challenges on appeal the trial court's denial of his motion for new trial based on newly discovered evidence that the prosecution failed to disclose before his trial. ( 1181, subd. (8).)16 Defendant contends the trial court's ruling violated his constitutional right to due process of law under the Fourteenth Amendment of the United States Constitution, in that the withheld evidence was both favorable and material to the issue of his guilt. (Brady v. Maryland (1963) 373 U.S. 83, 87.)

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