What is the standard of review on appeal of a finding of premeditated and deliberate murder?

California, United States of America


The following excerpt is from People v. Williams, C077581 (Cal. App. 2017):

"Review on appeal of the sufficiency of the evidence supporting the finding of premeditated and deliberate murder involves consideration of the evidence presented and all logical inferences from that evidence in light of the legal definition of premeditation and deliberation that was previously set forth. Settled principles of appellate review require us to review the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find that the defendant premeditated and deliberated beyond a reasonable doubt. [Citations.] The standard of review is the same in cases such as this where the People rely primarily on circumstantial evidence. [Citation.] 'Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court which must be convinced of the defendant's guilt beyond a reasonable doubt. If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment.' [Citation.]" (People v. Perez (1992) 2 Cal.4th 1117, 1124 (Perez).)

Other Questions


What is the standard of review on appeal of the finding of premeditated and deliberate murder? (California, United States of America)
What is the standard of review on appeal of a finding of premeditation and deliberate murder? (California, United States of America)
What is the standard of review on appeal of the evidence supporting the finding of premeditated and deliberate murder? (California, United States of America)
What is the standard of review on appeal of premeditated and deliberate murder? (California, United States of America)
What is the standard for a finding of premeditation and deliberation in the context of an attempted first-degree murder case? (California, United States of America)
Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
What is the test for a finding that there is insufficient evidence of premeditation and deliberation to support a finding of first-degree murder? (California, United States of America)
What is the standard of evidence required to sustain a finding of premeditation and deliberation in a murder trial? (California, United States of America)
What is the standard of review for appeal against a finding that a trial court's ruling on a motion of appeal was 'unlawful, arbitrary, capricious or patently absurd'? (California, United States of America)
Does Defendant have any grounds to argue that the felony-murder special circumstance applies only to deliberate and premeditated murders? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.