What is the test for overturning a jury's guilty verdict?

California, United States of America


The following excerpt is from People v. Hernandez, B253717 (Cal. App. 2014):

Where a jury's guilty verdict may rest on a legally correct theory or a legally incorrect theory, the conviction must be reversed unless the reviewing court can determine from the record that the conviction necessarily rested on the legally correct theory. (People v. Perez (2005) 35 Cal.4th 1219, 1233; People v. Morales (2013) 212 Cal.App.4th 583, 595.) However, this rule has no application when we review a verdict returned by a trial court sitting without a jury.

Other Questions


If a defendant has been found not guilty by a jury in a civil case, is he entitled to appeal against the verdict of the jury in his case against the jury? (California, United States of America)
Is inconsistency in a jury's verdict a valid reason for rejecting a jury verdict? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
In a medical malpractice case, can a jury be found to have found that a jury member acted in a manner that may have improperly influenced the jury's verdict? (California, United States of America)
Is there any case law where a jury returned two verdict forms for first degree murder, one for guilty and one for not guilty? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
What is the test for overturning a jury verdict for jury misconduct? (California, United States of America)
In what circumstances will a jury overturn a death penalty jury's finding that a robbery and burglary committed during the course of the crime be considered an independent aggravating factor? (California, United States of America)
Is there a presumption of prejudice against a jury in a case where the jury was unable to reach a verdict? (California, United States of America)
Can a jury be found to have been prejudiced by a judge who made a nonstandard comment to the jury during jury selection? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.