People v. Callahan

Opinion

PERREN, J.

Recently, the California Supreme Court held that “when a trial court, after examining all the relevant circumstances, grants a new trial in a criminal case on grounds that proven misconduct was prejudicial, that determination is not subject to independent or de novo review on appeal, but may be affirmed unless it constituted an abuse of discretion.” (People v. Ault (2004) 33 Cal.4th 1250, 1255 [17 Cal.Rptr.3d 302, 95 P.3d 523] (Ault).) Although Ault concerned the grant of a new trial based on juror misconduct, we conclude that the principle of deference to orders granting a…