What is the test for a challenge to the sufficiency of evidence in a murder case?

California, United States of America


The following excerpt is from People v. Rogers, B264208 (Cal. App. 2016):

"When reviewing a challenge to the sufficiency of the evidence, we ask '"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."' [Citations.] Because the sufficiency of the evidence is ultimately a legal question, we must examine the record independently for '"substantial evidencethat is, evidence which is reasonable, credible, and of solid value"' that would support a finding beyond a reasonable doubt. [Citation.] These same standards apply to challenges to the evidence underlying a true finding on a special circumstance. [Citation.]" (People v. Banks (2015) 61 Cal.4th 788, 804 (Banks).)

In order to find the robbery and/or burglary special circumstance to be true, the jury was required to find "[t]he murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit" robbery ( 190.2, subd. (a)(17)(A)) and/or burglary ( 190.2, subd. (a)(17)(G)). "[E]very person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of [an enumerated] felony [including robbery and burglary,] which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of

Page 11

parole . . . ." ( 190.2, subdivision (d); see People v. Bustos (1994) 23 Cal.App.4th 1747, 1753.)

Other Questions


What is the standard of evidence used in a challenge to the sufficiency of evidence in a murder case? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
What is the standard of review for a challenge to the sufficiency of evidence in a murder case? (California, United States of America)
What is the test for sufficiency of evidence in a case where the evidence supports the theory of lying-in-wait for first degree murder? (California, United States of America)
When a criminal defendant challenges the sufficiency of the evidence, what is the standard of review required by the California Court of Appeal to determine whether the evidence is sufficient? (California, United States of America)
What is the relevant case law for a defendant challenging the sufficiency of evidence to prove first degree murder? (California, United States of America)
What is the standard of review for a challenge to the sufficiency of evidence in a murder case? (California, United States of America)
On a challenge to the sufficiency of the evidence in a sexual assault case, what is the state of the law on the basis of the facts of the case? (California, United States of America)
What is the substantial evidence standard of review applied to challenges to the sufficiency of evidence in a juvenile proceeding involving criminal behavior? (California, United States of America)
Is sufficient evidence supporting defendant's conviction of murder based on the provocative act murder theory? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.