What is the test for setting aside a verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. G.K. (In re G.K.), A156064 (Cal. App. 2020):

As an initial matter, it is well established that " '[i]nconsistency in a verdict is not a sufficient reason for setting it aside.' " (People v. Palmer (2001) 24 Cal.4th 856, 860; see 954 ["acquittal of one or more counts shall not be deemed an acquittal of any other count"].) It is especially true in this case where substantial evidence disproves minor's theory. For one, the recorded pretext phone call undercuts minor's testimony that the victim instigated intercourse by mounting his lap and "bouncing up and down" while he was "kind of sitting there." Minor can be heard during this call telling the victim, "I said, 'Do you want to stop?' and you said, 'No, keep going.' " Minor also acknowledged physically holding her up, insisting he had to do so because she was so intoxicated.

Other Questions


What is the test for a motion to set aside a jury verdict in a sexual assault case? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the test for setting aside a sentence in a sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.