Can a common law rule be used to overturn a conviction?
California, United States of America
The following excerpt is from People v. Guiton, 17 Cal.Rptr.2d 365, 4 Cal.4th 1116, 847 P.2d 45 (Cal. 1993):
After reviewing the common law rule, the court discussed and distinguished several prior cases which found that one or more invalid bases for conviction required reversal despite the presence of a valid basis. (Yates v. United States (1957) 354
Page 369
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test? (California, United States of America)
What is the legal test for overturning a conviction when the conviction rests primarily on circumstantial evidence? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code? (California, United States of America)
What is the test for overturning a conviction where the evidence is insufficient to support the conviction? (California, United States of America)
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
