Insufficient Evidence Archives

Categories: Insufficient Evidence, Motion for New Trial, Standards

Summary

Trial court's failure to independently weigh the evidence when deciding motion for new trial was an abuse of discretion. Watts was convicted of murder and a gang enhancement was found true. He filed a new trial motion challenging the sufficiency…

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Name: People v. Watts

Case #: B270324

Opinion Date: 11/14/2017

Categories: Insufficient Evidence, Motion for New Trial, Standards

Summary

A trial court must independently weigh the evidence when it decides a motion for new trial. Watts was convicted of murder and a gang enhancement was found true. He filed a new trial motion challenging the sufficiency of the evidence…

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Name: People v. Pedroza

Case #: B247666

Opinion Date: 11/14/2014

Categories: Appealable Orders, Appeals, Areas Constitutional Law, Double Jeopardy, Insufficient Evidence, Motion for New Trial

Summary

When a trial court dismisses a case following a jury verdict based on its conclusion that the evidence was insufficient as a matter of law, double jeopardy bars retrial. A jury convicted Pedroza of murdering and conspiring to murder his…

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Name: People v. Eroshevich et al.

Case #: S210545

Opinion Date: 11/03/2014

Categories: Areas Constitutional Law, Double Jeopardy, Insufficient Evidence, Motion for New Trial, Procedural Requirements

Summary

Where appellate court reversed trial court's order granting new trial based on insufficiency of the evidence, double jeopardy principles do not bar retrial if, on remand, the trial court grants the new trial motion on grounds other than insufficiency of…

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Name: People v. Carter

Case #: B251727

Opinion Date: 06/24/2014

Categories: Appeals, Insufficient Evidence, Motion for New Trial, Procedural Requirements, Review Principles, Standards

Summary

When judge's remarks preceding denial of new trial motion reflect that the court is applying an incorrect legal standard, an appellate court must consider the judge's comments in its review. A jury convicted Carter of commercial burglary of a Wells…

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Name: People v. Griffis

Case #: C070266

Opinion Date: 01/14/2013

Categories: Foreign Priors, Insufficient Evidence, Motion for New Trial, Priors, Sentencing, Three Strike Priors

Summary

Under the 2011 Realignment Act, a prior "strike" conviction disqualifying a defendant from local custody need not be pled and proven, but there must be sufficient evidence that the out-of-state conviction qualifies as a California "strike." Defendant pled guilty to…

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Name: People v. Eroshevich

Case #: B231411

Opinion Date: 03/28/2013

Categories: Areas Constitutional Law, Double Jeopardy, Evidence, Insufficiency/Sufficiency of, Insufficient Evidence, Motion for New Trial

Summary

New trial motion was improperly granted where there was sufficient evidence for a jury to convict appellants of conspiracies. Appellants were the attorney (Stern) and doctor (Eroshevich) for Vicki Lynn Marshall (Anna Nicole Smith), who died with an above therapeutic…

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Name: People v. Dickens

Case #: E036144

Opinion Date: 07/05/2005

Categories: Insufficient Evidence, Motion for New Trial

Summary

In this Peoples appeal following a prosecution for attempted murder, the reviewing court found no abuse of discretion in granting a defendants motion for new trial on the ground that there was insufficient evidence of intent to kill. The Peoples…

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Name: People v. Noel

Case #: A099366

Opinion Date: 05/05/2005

Categories: Areas Constitutional Law, By Judge, By Prosecutor, Closing Argument, Crimes, Evidence, Gang Affiliation, Insufficient Evidence, Interrogations & Confessions, Mens Rea, Misconduct, Motion for Acquittal, Motion for New Trial, Present a Defense, Redaction (Bruton error), Right to Counsel, Scope of Right, Standards, Trial Proceedings

Summary

In this consolidated appeal from the San Francisco dog mauling trial, the court considered together defendant Knollers appeal from her conviction and the Peoples appeal from the order granting her a new trial. The court rejected Knollers argument that the…

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Name: People v. Mendoza

Case #: B166146

Opinion Date: 05/11/2004

Categories: Crimes, Crimes Against the Person, Insufficient Evidence, Motion for New Trial

Summary

Mendoza appealed his conviction for felony child molestation under section 647.6, subdivision (b), because he contended that there was insufficient evidence that he entered an inhabited dwelling, which is required for a felony conviction under that section. Mendoza arged that…

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