What is the test for an appellant to argue there was insufficient evidence to justify a finding?

California, United States of America


The following excerpt is from Wilson v. Thornhill, B232329 (Cal. App. 2012):

Moreover, it is not enough for an appellant to simply argue there was insufficient evidence without providing relevant transcript references and supporting arguments. The rule is well established that, "'"It is incumbent upon appellants to state fully, with transcript references, the evidence which is claimed to be insufficient to support the findings. The reviewing court is not called upon to make an independent search of the record where this rule is ignored. [Citation.]" [Citation.] "A claim of insufficiency of the evidence to justify findings, consisting of mere assertion without a fair statement of the evidence, is entitled to no consideration, when it is apparent, as it is here, that a substantial amount of evidence was received on behalf of the respondents. Instead of a fair and sincere effort to show that the trial court was wrong, appellant's brief is a mere challenge to respondents to prove that the court was right. And it is an attempt to place upon the court the burden of discovering without assistance from appellant any weakness in the arguments of the respondents. An appellant is not permitted to evade or shift his responsibility in this manner."'" (People v. Dougherty (1982) 138 Cal.App.3d 278, 283.)

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Is insufficient evidence sufficient to support a jury's finding that there was insufficient evidence? (California, United States of America)
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court? (California, United States of America)
What is the test for appellate review of a finding that the evidence was insufficient to support the award of a rental management fee? (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 legal test for a finding of insufficient evidence in a drug case where the prosecution relied primarily on circumstantial evidence? (California, United States of America)
What is the consequence of a jury finding that the evidence is insufficient to support a finding of probable cause of death? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
What is the legal test for reversal of a finding that insufficient evidence supports a jury's finding that a gang was responsible for a sexual assault? (California, United States of America)
When reviewing a challenge to the sufficiency of the evidence, what is the test for reversal of a finding of insufficient 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.