Insufficient Evidence

Name: People v. Watts
Case #: B270324
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/11/2018
  • Categories: Insufficient Evidence, Motion for New Trial, Standards

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
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 11/14/2017
  • Categories: Insufficient Evidence, Motion for New Trial, Standards

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
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 11/14/2014
  • Categories: Appealable Orders, Appeals, Areas Constitutional Law, Double Jeopardy, Insufficient Evidence, Motion for New Trial

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
Court: CA Supreme Court
District CalSup
Opinion Date: 11/03/2014
  • Categories: Areas Constitutional Law, Double Jeopardy, Insufficient Evidence, Motion for New Trial, Procedural Requirements

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
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/24/2014
  • Categories: Appeals, Insufficient Evidence, Motion for New Trial, Procedural Requirements, Review Principles, Standards

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
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/14/2013
  • Categories: Foreign Priors, Insufficient Evidence, Motion for New Trial, Priors, Sentencing, Three Strike Priors

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
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/28/2013
Subsequent History: opn. following rehg.; review granted 5/8/2013
  • Categories: Areas Constitutional Law, Double Jeopardy, Evidence, Insufficiency/Sufficiency of, Insufficient Evidence, Motion for New Trial

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
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/05/2005
  • Categories: Insufficient Evidence, Motion for New Trial

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

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Name: People v. Noel
Case #: A099366
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/05/2005
Subsequent History: Rev. granted 7/27/05: S134543
  • 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

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

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Name: People v. Mendoza
Case #: B166146
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/11/2004
Subsequent History: Rev. den. 8/11/04
  • Categories: Crimes, Crimes Against the Person, Insufficient Evidence, Motion for New Trial

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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