What is the test for a motion for a retrial in a case involving inadmissible evidence?
California, United States of America
The following excerpt is from People v. Kerivan, E059546 (Cal. App. 2014):
If the newly discovered evidence is inadmissible, then it will not be probable for a new result to be achieved at a retrial. (See People v. Loar (1958) 165 Cal.App.2d 765, 778-781 [discussing inadmissible evidence and a motion for new trial].)
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