What is the test for establishing that the evidence is fully developed before the trier of fact?
California, United States of America
The following excerpt is from People v. McCarthy, A138682 (Cal. App. 2015):
evidence is fully developed before the trier of fact and to assure that ambiguities and conflicts in the evidence are resolved insofar as possible.'" (People v. Raviart, supra, 93 Cal.App.4th at p. 270, quoting People v. Carlucci (1979) 23 Cal.3d 249, 255.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a judge overturn a finding that the evidence supports a judgment the trier of fact could have reasonably deduced from the evidence? (California, United States of America)
When a conviction for sexual assault is based primarily on circumstantial evidence, does the court have to presume every fact the trier could reasonably deduce from the evidence? (California, United States of America)
In a personal injury case, what is the test for assuming that every fact the trier of fact could reasonably deduce from the evidence? (California, United States of America)
When a finding of a trier of fact is attacked as not being based on substantial evidence, what is the test for substantial evidence? (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 determining whether a trier of fact has power to find a defendant guilty of a lesser degree or class crime than that shown by the evidence? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Is a defendant's presence required when evidence is taken before the trier of fact? (California, United States of America)
Does a competent, unconflicted counsel who submitted on the evidence at the preliminary hearing, should have argued to the trial court that this evidence did not establish the lawful duty element beyond a reasonable doubt? (California, United States of America)
Does the fact that evidence of a defendant's previous violent crimes is not indicative of his character or mental condition render the evidence inadmissible? (California, United States of America)
