What is the test for a prosecution to reopen a criminal case under section 1118 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Williams, F069383 (Cal. App. 2016):
In Riley, supra, 185 Cal.App.4th at pp. 764-765, the court relied on People v. Goss (1992) 7 Cal.App.4th 702, 708, which observed: "The court always has discretion to allow the prosecution to reopen after a section 1118 motion so long as the court is convinced that the failure to present evidence on the issue was a result of 'inadvertence or mistake on the part of the prosecutor and not from an attempt to gain a tactical advantage over [the defendant].'"
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