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

California, United States of America


The following excerpt is from People v. Johnson, 184 Cal.Rptr.3d 850, 234 Cal.App.4th 1432 (Cal. App. 2015):

unless it is possible to determine the jury necessarily found the defendant guilty on a proper theory. As explained in People v. Perez (2005) 35 Cal.4th 1219, 1233, 29 Cal.Rptr.3d 423, 113 P.3d 100 (Perez ), [w]hen one of the theories presented to a jury is legally inadequate, such as a theory which fails to come within the statutory definition of the crime [citation], the jury cannot reasonably be expected to divine its legal inadequacy. The jury may render a verdict on the basis of the legally invalid theory without realizing that, as a matter of law, its factual findings are insufficient to constitute the charged crime. In such circumstances, reversal generally is required unless it is possible to determine from other portions of the verdict that the jury necessarily found the defendant guilty on a proper theory. [Citation.] (Id. at p. 1233, 29 Cal.Rptr.3d 423, 113 P.3d 100.)

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 a 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.