What is the test for a reversal of a jury's verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. Alatorre, E066246 (Cal. App. 2017):

"'[W]e review the whole record to determine whether any rational trier of fact could have found the essential elements of the crime . . . beyond a reasonable doubt. [Citation.] The record must disclose substantial evidence to support the verdicti.e., evidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] In applying this test, we review the evidence in the light most favorable to the prosecution and presume in support of the judgment the existence of every fact the jury could reasonably have deduced from the evidence. [Citation.] "Conflicts and even testimony [that] is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.] We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence. [Citation.]" [Citation.] A reversal for insufficient evidence "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support'" the jury's verdict. [Citation.]' [Citation.]" (People v. Manibusan (2013) 58 Cal.4th 40, 87.)

Other Questions


When a defendant alleges that the jury has rendered inconsistent verdicts in his sexual assault case, what is the test for reversal of the verdict? (California, United States of America)
What is the test for reversing a jury verdict in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (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 test for reversing a jury's verdict in a sexual assault case? (California, United States of America)
What is the legal test for reversal of a jury verdict in a sexual assault case? (California, United States of America)
What is the test for reversing a jury's verdict in a sexual assault case? (California, United States of America)
What is the test for reversing a jury's verdict in a sexual assault case? (California, United States of America)
What is the test for reversal of a jury's verdict in a sexual assault case? (California, United States of America)
What is the test for reversal of a jury's verdict 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.