When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion?
California, United States of America
The following excerpt is from People v. Maine, F069906 (Cal. App. 2017):
When reviewing a trial court's ruling on a motion for new trial, appellate courts apply the deferential abuse of discretion standard. (People v. Howard (2010) 51 Cal.4th 15, 42-43.) Defendant had failed to demonstrate the prosecutor's conduct was egregious or constituted misconduct. The trial court did not abuse its discretion in denying defendant's motion.
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