Standards

Name: People v. Watts
Case #: B270324
Opinion Date: 04/11/2018
  • 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. 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. Gonzales
Case #: G044384
Opinion Date: 08/26/2011
  • Categories: Aiding and Abetting, Crimes, Gangs (adult sentencing only), Motion for New Trial, Sentencing, Standards

Summary

The substantive criminal street gang offense of Penal Code section 186.22, subdivision (a) applies in circumstances where an active gang participant acts alone. Gonzales, a Big Stanton gang member, was encountered parked in an area claimed by Big Stanton and…

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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 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: U.S. v. Henley
Case #: 96-50697
Opinion Date: 02/07/2001
  • Categories: Areas Constitutional Law, By Jurors, Due Process, Misconduct, Motion for New Trial, Procedural Requirements, Standards

Summary

The district court erred here in rejecting defendants' claim that a juror concealed his racial bias without making any findings concerning whether the juror actually made a racist statement, and if so, its specific content. The lack of findings leaves…

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