What is the test for a jury to determine whether a defendant has been found guilty of misconduct in a jury trial?
California, United States of America
The following excerpt is from The People v. Davis, No. E049423, No. FVI901006 (Cal. App. 2010):
The argument is not well taken. First, defendant fails to consider the evidence under the proper standard, as he must, in the light most favorable to the judgment. (People v. Whisenhunt (2008) 44 Cal.4th 174, 200.) Instead, he engages in rank speculation, always in his own favor.
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