What is the standard of review for a claim of insufficiency of evidence in a case where the prosecution relies mainly on circumstantial evidence?

California, United States of America


The following excerpt is from People v. Rios, B239242 (Cal. App. 2013):

"In assessing a claim of insufficiency of evidence, the reviewing court's task is to review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Rodriguez (1999) 20 Cal.4th 1, 11.) "The standard of review is the same in cases in which the prosecution relies mainly on circumstantial evidence." (Ibid.) "The federal standard of review is to the same effect: Under

Page 8

principles of federal due process, review for sufficiency of evidence entails not the determination whether the reviewing court itself believes the evidence at trial establishes guilt beyond a reasonable doubt, but, instead, whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Ibid.; see also Jackson v. Virginia (1979) 443 U.S. 307, 318-319.)

Under the kill zone theory, "a shooter may be convicted of multiple counts of attempted murder . . . where the evidence establishes that the shooter used lethal force designed and intended to kill everyone in an area around the targeted victim (i.e., the 'kill zone') as the means of accomplishing the killing of that victim. Under such circumstances, a rational jury could conclude beyond a reasonable doubt that the shooter intended to kill not only his targeted victim, but also all others he knew were in the zone of fatal harm. [Citation.]" (People v. Smith (2005) 37 Cal.4th 733, 745-746.)

Other Questions


In reviewing a claim of insufficient evidence, what is the standard of review in the context of a claim for insufficient evidence? (California, United States of America)
What is the standard of review for insufficiency of evidence in cases where the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in cases in which the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review for a murder trial where the prosecution relied mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What is the standard of review in cases in which the prosecution relies mainly on circumstantial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.