Can a judgment of the trial court be set aside for insufficiency of evidence?

California, United States of America


The following excerpt is from People v. Rivas, F061170, F062077 (Cal. App. 2013):

"Before the judgment of the trial court can be set aside for insufficiency of the evidence to support the verdict of the jury, it must clearly appear that upon no hypothesis whatever is there sufficient substantial evidence to support it. [Citation.]" (People v. Redmond (1969) 71 Cal.2d 745, 755.) However, "[e]vidence which merely raises a strong suspicion of the defendant's guilt is not sufficient to support a conviction. Suspicion is not evidence; it merely raises a possibility, and this is not a sufficient basis for an inference of fact. [Citations.]" (Ibid.)

Other Questions


Can a judgment of the trial court be set aside for the insufficiency of evidence? (California, United States of America)
What is the test for setting aside a judgment of the trial court for insufficiency of evidence? (California, United States of America)
What is the test for setting aside a judgment of the trial court for insufficiency of evidence? (California, United States of America)
Can a judgment of the trial court be set aside for insufficiency of the evidence? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.