What is the test for a motion for a new trial made upon the ground of insufficiency of evidence?

California, United States of America


The following excerpt is from Jones v. Barnes, H037971 (Cal. App. 2014):

"When a trial court rules upon a motion for a new trial made upon the ground of insufficiency of the evidence, the judge is required to weigh the evidence and judge the credibility of witnesses. . . . Nonetheless, a new trial cannot be granted '. . . unless after weighing the evidence, the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.' " (Locksley v. Ungureanu (1986) 178 Cal.App.3d 457,

Page 13

Other Questions


What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
What are the rules applicable to appeal from an order of the trial court granting a motion for a new trial on the ground of insufficiency of the evidence? (California, United States of America)
What rules apply to appeal from an order of the trial court granting a motion for a new trial on the ground of insufficiency of the evidence? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Can a motion for a new trial be granted on the grounds of insufficiency of the evidence? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for a motion for a new trial grounded on insufficiency of the 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.