Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror?

California, United States of America

The following excerpt is from People v. Reardon, 237 Cal.Rptr.3d 347, 26 Cal.App.5th 727 (Cal. App. 2018):

⁷ The Attorney General does not argue that a ground not articulated by the trial court supports the ruling (cf. Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216-1217, 70 Cal.Rptr.2d 745 ) and we see no such ground.
⁸ In fact, a defendant need only raise a reasonable doubt in the mind of one juror to either escape liability or put the People to the burden of retrying the case, a more favorable outcome than a conviction. (See People v. Soojian (2010) 190 Cal.App.4th 491, 521, 118 Cal.Rptr.3d 435.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)

How have the Attorney General argued that the Court of Appeal invited error in giving instructions on application of the reasonable doubt principle to a lesser included homicide defendant? (California, United States of America)

In what circumstances will the Attorney General dismiss appellant's appeal against the Court of Appeal finding that his claim has not evaded review and indeed was specifically rejected in Goodrich? (California, United States of America)

In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)

When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)

What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)

Does a jury's collective finding of doubt constitute a collective finding that a juror has a reasonable doubt? (California, United States of America)

Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (California, United States of America)

Is there any reasonable doubt that there would have been no reasonable doubt in a jury finding a defendant guilty absent the error? (California, United States of America)

Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources