What is the test for reversal of a judgment in the Superior Court of Appeal on the issue of whether the newly discovered evidence was such as to render a different result probable on a retrial of the cause?
California, United States of America
The following excerpt is from People v. Mack, B253563 (Cal. App. 2015):
Where, as here, the trial court applied the wrong legal analysis to the issue of whether the newly discovered evidence was such as to render a different result probable on a retrial of the cause, there is an abuse of discretion requiring reversal. (See, e.g., People v. Knoller (2007) 41 Cal.4th 139, 158.)
Because we conclude that reversal is required, we need not reach appellant's remaining arguments on appeal.
Page 12
The judgment is reversed.
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