In what circumstances will defense counsel decline to make a motion for acquittal under section 1118.1?
California, United States of America
The following excerpt is from People v. Luna, C091590 (Cal. App. 2021):
As we have discussed ante, there was substantial evidence presented in the People's case-in-chief, which was sufficient to support the jury's rational inferences that defendant had constructive possession of the firearm. Under the circumstances, defense counsel was not deficient in declining to make a section 1118.1 motion for acquittal. (People v. Jennings (1991) 53 Cal.3d 334, 357.)
"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
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Is there any limitation on defense counsel's argument that the jury should consider whether the aggravating circumstances outweigh the mitigating circumstances? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
In what circumstances will a defense counsel be required to rest his case without putting on a defense? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
