What is the test for overturning a finding of guilty of a sexual assault where the jury has found that the evidence contains conflicting inferences?

California, United States of America


The following excerpt is from People v. Talavera, B240366 (Cal. App. 2013):

Moreover, the existence of conflicting inferences would not compel reversal. "'Although it is the duty of the jury to acquit a defendant if it finds that circumstantial evidence is susceptible of two interpretations, one of which suggests guilt and the other innocence [citations], it is the jury, not the appellate court which must be convinced of the defendant's guilt beyond a reasonable doubt. If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment. [Citations.]' [Citation.]" (People v. Thomas (1992) 2 Cal.4th 489, 514.)

Other Questions


What is the evidence supporting a finding that a person who was found guilty of sexual assault by reason of abuse has been found guilty by a jury? (California, United States of America)
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)
What is the test for reversing a conviction for sexual assault against a man who was found guilty of sexual assault by reason of gross negligence? (California, United States of America)
Does defendant have any grounds to argue that the Court of Appeal overturned a finding that a prosecutor improperly admitted evidence of sexual assault under section 352(b) of the California Evidence Code? (California, United States of America)
What is the legal test for overturning a finding of not guilty in a sexual assault case in which the prosecution relies mainly on circumstantial evidence? (California, United States of America)
What are the findings of the Court of Appeal in a motion to overturn a finding of not guilty of sexual assault? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the test for overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants? (California, United States of America)
What is the legal test for overturning a finding of guilty of sexual assault based on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a finding of guilty of sexual assault based solely on circumstantial 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.