In what circumstances have courts reversed a judgment entered in a criminal case following a court trial?

California, United States of America


The following excerpt is from People v. Ernst, 34 Cal.Rptr.2d 238, 8 Cal.4th 441, 881 P.2d 298 (Cal. 1994):

In People v. Holmes (1960) 54 Cal.2d 442, 5 Cal.Rptr. 871, 353 P.2d 583, this court reversed the judgment entered in a criminal case following a court trial, because, although the defendant was advised expressly of his right to a trial by jury, he "did not express in words a waiver" of that right. (Id. at p. 443, 5 Cal.Rptr. 871, 353 P.2d 583.) This court held that such a waiver "must be so expressed and will not be implied from a defendant's conduct." (Id. at p. 444, 5 Cal.Rptr. 871, 353 P.2d 583.)

Other Questions


Does a plaintiff have to appeal a judgment of dismissal that was entered before the trial court entered judgment? (California, United States of America)
Can a judgment by a trial court entered pursuant to directions of an appellate court be appealed? (California, United States of America)
How have the courts interpreted the language of the majority opinion in a motion that reverses the trial court's judgment that proxies cannot be used in the election of directors? (California, United States of America)
Can a judgment of conviction be reversed and a new trial ordered for a trial court's failure to hear a motion? (California, United States of America)
In what circumstances have courts reversed, reversed or remanded the sentence imposed under section 667(a) of the Criminal Code? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (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 what circumstances will the Court of Appeal reverse a finding that the Court abused its discretion in making a judgment in a personal injury case? (California, United States of America)
In what circumstances will the admission into evidence of what has been called "coerced" or "involuntary" confession in a criminal trial result in the reversal of a judgment of conviction? (California, United States of America)
In what circumstances will the Court reverse its decision not to grant a motion requiring a reversal of a finding that physical restraint impaired the fairness of a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.