In what circumstances will the court grant a motion for a reversal of a finding of not guilty?

California, United States of America


The following excerpt is from People v. Tapia, 25 Cal.App.4th 984, 30 Cal.Rptr.2d 851 (Cal. App. 1994):

"In each instance the court listened to the prosecutor without question and promptly denied the motion without comment. As we have seen, however, the prosecutor's explanations were either implausible or suggestive of bias. They therefore 'demanded further inquiry on the part of the trial court' [citation], followed by a 'sincere and reasoned ' effort by the court to evaluate their genuineness and sufficiency in light of all the circumstances of the trial [citation]. Each step is 'imperative, if the constitutional guarantee is to have real meaning' [citation]." (42 Cal.3d at pp. 727-728, 230 Cal.Rptr. 656, 726 P.2d 102; see also People v. Hall, supra, 35 Cal.3d 161, 197 Cal.Rptr. 71, 672 P.2d 854, in which reversal was ordered because of the trial court's faulty understanding as to applicable law and strong evidence of group bias.)

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