What is the legal test for overturning a conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Kieu, G048645 (Cal. App. 2014):

"'In assessing the sufficiency of the evidence, we review the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] Reversal on this ground is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction]."'" (People v. Wilson (2010) 186 Cal.App.4th 789, 805.) This standard applies even "when the conviction rests primarily on circumstantial evidence." (People v. Kraft (2000) 23 Cal.4th 978, 1053.) "'If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment.'" (People v. Thomas (1992) 2 Cal.4th 489, 514.)

Other Questions


What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
What is the legal test for overturning a conviction of sexual assault? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
What is the legal test for overturning a sexual assault conviction based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a sexual assault conviction based solely on circumstantial evidence? (California, United States of America)
What is the legal test for a jury to overturn a sexual assault conviction? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.