What is the test for reviewing a decision by a jury in a criminal case?

California, United States of America


The following excerpt is from The People v. Meadows, B219658, No. YA072087 (Cal. App. 2010):

The trial court's decision is reviewed deferentially. (People v. Carmony (2004) 33 Cal.4th 367, 374.) The "trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) The Three Strikes law "not only establishes a sentencing norm, it carefully circumscribes the trial court's power to depart from this norm and requires the court to explicitly justify its decision to do so. In doing so, the law creates a strong presumption that any sentence that

Page 6

Other Questions


Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Is a judicial review of a decision of the State Bar recommending disbarment or suspension from practice an analogy between criminal proceedings and the resolution of reasonable doubts in the course of judicial review? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a defendant who has committed a criminal offence, can the judge rely on another court's decision not to grant probation? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
When reviewing a claim of insufficient evidence in a criminal case, what is the test? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
What is the standard of review for misconduct in a criminal 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.