Can a criminal defendant raise the issue of insufficient evidence in a subsequent appeal?
California, United States of America
The following excerpt is from People v. Klinefelter, E072566 (Cal. App. 2019):
Defendant contends insufficient evidence supports his conviction. "[W]here a criminal defendant could have raised an issue in a prior appeal, the appellate court need not entertain the issue in a subsequent appeal absent a showing of justification for the delay." (People v. Senior, supra, 33 Cal.App.4th at p. 538; accord, People v. Jordan,
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