What is the test for determining whether a defendant is entitled to the independent review of the evidence provided by the courts?
California, United States of America
The following excerpt is from People v. Escarcega, 243 Cal.Rptr.3d 771, 32 Cal.App.5th 362 (Cal. App. 2019):
People v. Tenner (1993) 6 Cal.4th 559, 566, 24 Cal.Rptr.2d 840, 862 P.2d 840 ) is so fundamental to the American system of justice that criminal defendants are always "afforded protection against jury irrationality or error by the independent review of the sufficiency of the evidence undertaken by the trial and appellate courts" ( United States v. Powell (1984) 469 U.S. 57, 67, 105 S.Ct. 471, 83 L.Ed.2d 461 ).
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