What is the test for a jury to convict a defendant on appeal?
California, United States of America
The following excerpt is from People v. Silvas, B242738 (Cal. App. 2013):
"'An appellate court must accept logical inferences that the jury might have drawn from the evidence even if the court would have concluded otherwise. [Citation.]' [Citation.]" (People v. Halvorsen (2007) 42 Cal.4th 379, 419.) The appropriate test is
Page 5
not whether the evidence proves guilt beyond a reasonable doubt, but whether the evidence supports the jury's conclusions. (People v. Wright (1985) 39 Cal.3d 576, 592.)
"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
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
What is the factual and procedural background to a motion of appeal against the conviction of defendant in the case of defendant's sexual assault conviction? (California, United States of America)
Can a defendant appeal his conviction for false imprisonment against a defendant who was previously convicted of kidnapping? (California, United States of America)
Can a defendant appeal his prior conviction for assault as a misdemeanor at the Court of Appeal? (California, United States of America)
Can a defendant appeal from a judgment of conviction for sexual assault in a direct appeal? (California, United States of America)
If a defendant secures on appeal a reversal of his conviction based on insufficiency of evidence, is that defendant subject to a retrial? (California, United States of America)
On remand, on what basis can a defendant appeal his conviction for possession of a firearm by a convicted felon pursuant to Proposition 36? (California, United States of America)
Can a defendant appeal against his conviction for sexual assault against the evidence that supports his conviction? (California, United States of America)
