What is the state of the evidence for a motion for a new trial in a methamphetamine case?

California, United States of America


The following excerpt is from People v. Perez, 103 Cal.App.4th 203, 126 Cal.Rptr.2d 505 (Cal. App. 2002):

In addition to the arguments of counsel, the state of the evidence convinces us of the need for a new trial. The evidence of defendant's intent to personally manufacture methamphetamine was not strong. The prosecution presented no evidence he possessed any of the other chemicals or instruments required to complete the manufacturing process. The jury could have rejected defendant's stated intent and concluded the stain on his pants indicated manufacturing activities. However, based on our review of the record, it is probable the jury found defendant guilty solely on the aider and abettor liability theory. Therefore, the judgment must be reversed. (People v. Guiton, supra, 4 Cal.4th at p. 1131, 17 Cal.Rptr.2d 365, 847 P.2d 45.)

Other Questions


Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion is invalid? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Is there any case law supporting a motion for relief from default where the trial court refused to allow the appellant to present any evidence to refute the motion? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the 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.