What is the standard of review in the context of a sexual assault case?

California, United States of America


The following excerpt is from People v. Tulloss, B249989 (Cal. App. 2014):

We independently review the sufficiency of the evidence supporting a conviction. (People v. Cole (2004) 33 Cal.4th 1158, 1213 (Cole).) "In reviewing a challenge to the sufficiency of the evidence under the due process clause of the Fourteenth Amendment to the United States Constitution and/or the due process clause of article I, section 15 of the California Constitution, we review the entire record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt." (Cole, supra, at p. 1212.) "'"[I]f the verdict is supported by substantial evidence, we must accord due deference to the trier

Page 10

of fact and not substitute our evaluation of a witness's credibility for that of the fact finder."' [Citation.] 'The standard of review is the same in cases in which the People rely mainly on circumstantial evidence. [Citation.] "Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, one of which suggests guilt and the other innocence [citations], it is the jury, not the appellate court which must be convinced of the defendant's guilt beyond a reasonable doubt."' [Citation.]" (People v. Snow (2003) 30 Cal.4th 43, 66 (Snow).)

Other Questions


What is the standard of review in the context of a motion for review in a sexual assault case-in-chief? (California, United States of America)
How have courts interpreted the standard of review in the context of sexual assault cases? (California, United States of America)
What is the standard of review on appeal in the context of sexual assault cases? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
What is the de novo standard of review applied in cases involving sexual assault cases? (California, United States of America)
What is the standard of review applied by the Court of Appeal in the context of sexual assault cases? (California, United States of America)
What is the standard of review in the context of a sexual assault case? (California, United States of America)
What is the standard of review in the context of a sexual assault case? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.