What is the legal test for reversal of a finding of guilty under the California Criminal Code of Criminal Procedure?
California, United States of America
The following excerpt is from People v. Morris, D064450 (Cal. App. 2015):
However, on this record there is no basis for reversal. Reversal is not warranted for the erroneous admission of evidence unless an examination of the entire case shows the error resulted in a miscarriage of justice; that is, if it is reasonably probable the defendant would have obtained a more favorable outcome had the error not occurred. (People v. Nguyen (2013) 212 Cal.App.4th 1311, 1333-1334.)
"The most advanced legal research software ever built."
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
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the legal test for reversal of a jury's finding of guilty beyond a reasonable doubt on a charge of membership of a criminal street gang? (California, United States of America)
What is the test for reversing a finding of guilty under section 667.6 of the California Code of Civil Procedure? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
Can a teacher be found guilty of a violation of section 32 of the California School of Education Code of Civil Procedure for failing to report an alleged criminal offence? (California, United States of America)
What is the legal test for reversal of a finding of guilty of misconduct in a civil case? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
In what circumstances will a jury find a defendant guilty of witness intimidation in violation of section 136.1, subdivision (c) of the California Criminal Code? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
