What is the test for determining whether a jury's verdict rests on the presumption as well as the evidence of the presumed fact?

California, United States of America


The following excerpt is from People v. Flood, 18 Cal.4th 470, 76 Cal.Rptr.2d 180, 957 P.2d 869 (Cal. 1998):

Put differently, the first question is "whether the jury's verdict ... rest [ed] on that evidence as well as on the presumption[ ]...." (Yates v. Evatt, supra, 500 U.S. at p. 407, 111 S.Ct. 1884.)

The second question is "whether that evidence was of such compelling force as to show beyond a reasonable doubt that the presumption[ ] must have made no difference in reaching the verdict obtained"--in other words, whether the evidence of the presumed fact made the presumption superfluous. (Yates v. Evatt, supra, 500 U.S. at p. 407, 111 S.Ct. 1884.)

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