insufficient evidence claim (California) · Go Syfert
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insufficient evidence claim in California

20 California opinions name it 2 courts 2013–2026 7 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
People v. Bolingreen
cal · 1998 · cited in 3 California opinions naming this issue, 2013–2025
2 sentences

2025(People v. Jacobo (2019) 37 Cal.App.5th 32, 42 .) We do not reverse on an insufficient evidence claim “unless it appears ‘that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].’ ” (People v. Bolin (1998) 18 Cal.4th 297, 331 .) Section 203 provides, “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.” (See People v. Santana (2013) 56 Cal.4th 999, 1003 (Sant

2013However, we have made clear that ―[s]uch matters as whether objections should be made and the manner of cross-examination are within counsel‘s discretion and rarely implicate ineffective assistance of counsel.‖ (People v. McDermott (2002) 28 Cal.4th 946, 993 ; see People v. Bolin (1998) 18 Cal.4th 297, 334 .) Defendant points to no exculpatory or impeachment evidence that further examination would have elicited. ― ‗We cannot evaluate alleged deficiencies in counsel‘s representation solely on defendant‘s unsubstantiated speculation.‘ ‖ (Bolin, supra, 18 Cal.4th at p. 334 , quoting People v. Cox

23
People v. Holagreen
calctapp · 2022 · cited in 2 California opinions naming this issue, 2022–2024
2 sentences

2024Generally, “[a] postconviction change in the law invalidating a prosecution theory is the equivalent of a trial error because it means the jury was instructed on a legally invalid theory. [Citations.] Moreover, as our high court has explained, the insufficient evidence rule barring retrial is ‘inapplicable’ in a situation where the reversal is based on a postconviction change in the law: ‘The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on the same charge—by the device of giving the prosecution

2022(Hola, supra, 77 Cal.App.5th at p. 373.) We explained: “A postconviction change in the law invalidating a prosecution theory is the equivalent of a trial error because it means the jury was instructed on a legally invalid theory. [Citations.] Moreover, as our high court has explained, the insufficient evidence rule barring retrial is ‘inapplicable’ in a situation where the reversal is based on a postconviction change in the law: ‘The [insufficient evidence] rule achieves its aim—i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on the same charge

22
People v. Chiured
cal · 2014 · cited in 2 California opinions naming this issue, 2022–2024
2 sentences

2024Generally, “[a] postconviction change in the law invalidating a prosecution theory is the equivalent of a trial error because it means the jury was instructed on a legally invalid theory. [Citations.] Moreover, as our high court has explained, the insufficient evidence rule barring retrial is ‘inapplicable’ in a situation where the reversal is based on a postconviction change in the law: ‘The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on the same charge—by the device of giving the prosecution

2022(See Chiu, supra, 59 Cal.4th at p. 158 [characterizing the error as instructional error]; Gutierrez, supra, 20 Cal.App.5th at p. 857 [same, noting that the court’s instructions allowed the prosecution to convict defendant on a “legally incorrect theory”].) Moreover, as our high court has explained, the insufficient evidence rule barring retrial is “inapplicable” in a situation where the reversal is based on a postconviction change in the law: “The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on

12
People v. Santanagreen
cal · 2013 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(People v. Jacobo (2019) 37 Cal.App.5th 32, 42 .) We do not reverse on an insufficient evidence claim “unless it appears ‘that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].’ ” (People v. Bolin (1998) 18 Cal.4th 297, 331 .) Section 203 provides, “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.” (See People v. Santana (2013) 56 Cal.4th 999, 1003 (Sant

11
People v. Shirleyred
cal · 1982 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(See Chiu, supra, 59 Cal.4th at p. 158 [characterizing the error as instructional error]; Gutierrez, supra, 20 Cal.App.5th at p. 857 [same, noting that the court’s instructions allowed the prosecution to convict defendant on a “legally incorrect theory”].) Moreover, as our high court has explained, the insufficient evidence rule barring retrial is “inapplicable” in a situation where the reversal is based on a postconviction change in the law: “The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on

2022(See Chiu, supra, 59 Cal.4th at p. 158 [characterizing the error as instructional error]; Gutierrez, supra, 20 Cal.App.5th at p. 857 [same, noting that the court’s instructions allowed the prosecution to convict defendant on a “legally incorrect theory”].) Moreover, as our high court has explained, the insufficient evidence rule barring retrial is “inapplicable” in a situation where the reversal is based on a postconviction change in the law: “The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on

11
People v. Gutierrezgreen
calctapp · 2018 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(See Chiu, supra, 59 Cal.4th at p. 158 [characterizing the error as instructional error]; Gutierrez, supra, 20 Cal.App.5th at p. 857 [same, noting that the court’s instructions allowed the prosecution to convict defendant on a “legally incorrect theory”].) Moreover, as our high court has explained, the insufficient evidence rule barring retrial is “inapplicable” in a situation where the reversal is based on a postconviction change in the law: “The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on

2022(See Chiu, supra, 59 Cal.4th at p. 158 [characterizing the error as instructional error]; Gutierrez, supra, 20 Cal.App.5th at p. 857 [same, noting that the court’s instructions allowed the prosecution to convict defendant on a “legally incorrect theory”].) Moreover, as our high court has explained, the insufficient evidence rule barring retrial is “inapplicable” in a situation where the reversal is based on a postconviction change in the law: “The [insufficient evidence] rule achieves its aim— i.e., of protecting the defendant against the harassment and risks of unnecessary repeated trials on

11
People v. Fieldergreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(People v. Fielder (2004) 114 Cal.App.4th 1221, 1232 (Fielder).) “The test on appeal is simply whether a reasonable trier of fact could have found that the prosecution sustained its burden of proving the enhancement beyond a reasonable doubt.

11
Santa Cruz County Human Services Department v. J.P.green
calctapp · 2012 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(In re K.C. (2012) 212 Cal.App.4th 323, 329 [“If, at the 12-month hearing, [the department] does not prove, by clear and convincing evidence, that it has provided reasonable services to the parent, family reunification services must be extended to the end of the 18-month period.”].) The parent’s insufficient evidence challenge to a mandatory finding such as this is not forfeited by failure to object below.

11
People v. Ernstgreen
cal · 1994 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013(But cf. People v. Ernst (1994) 8 Cal.4th 441, 446-447 [ 34 Cal.Rptr.2d 238 , 881 P.2d 298 ] [prosecution may not exercise its right to jury trial over defendant’s plea of guilty].) As noted in the text, the strategy chosen by counsel avoided this pitfall, kept open the possibility the trial court would find the preliminary hearing evidence unpersuasive, and, if the court failed to do so, preserved defendant’s right to raise an insufficient-evidence claim on appeal.

2013(But cf. People v. Ernst (1994) 8 Cal.4th 441, 446-447 [ 34 Cal.Rptr.2d 238 , 881 P.2d 298 ] [prosecution may not exercise its right to jury trial over defendant’s plea of guilty].) As noted in the text, the strategy chosen by counsel avoided this pitfall, kept open the possibility the trial court would find the preliminary hearing evidence unpersuasive, and, if the court failed to do so, preserved defendant’s right to raise an insufficient-evidence claim on appeal.

11
People v. Huntgreen
cal · 1971 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013(See maj. opn., ante, at p. 1088.) Informing the jury of the officer’s special expertise in medical marijuana use would have added force and weight to his opinion and would have greatly reduced the likelihood of an insufficient evidence claim under Hunt, supra, 4 Cal.3d 231.

2013(See maj. opn., ante, at p. 11.) Informing the jury of the officer‟s special expertise in medical marijuana use would have added force and weight to his opinion and would have greatly reduced the likelihood of an insufficient evidence claim under Hunt, supra, 4 Cal.3d 231 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
People v. Elliot green
cal · 2005
2 sentences

2015(People v. Elliot (2005) 37 Cal.4th 453, 466 .) We presume the existence of every fact supporting the judgment that the jury reasonably could deduce from the evidence, and a judgment will be reversed only if there is no substantial evidence to support the verdict under any hypothesis.

2015(People v. Elliot (2005) 37 Cal.4th 453, 466 .) We presume the existence of every fact supporting the judgment that the jury reasonably could deduce from the evidence, and a judgment will be reversed only if there is no substantial evidence to support the verdict under any hypothesis.

32015–2015
People v. Cox red
cal · 1991
2 sentences

2013However, we have made clear that ―[s]uch matters as whether objections should be made and the manner of cross-examination are within counsel‘s discretion and rarely implicate ineffective assistance of counsel.‖ (People v. McDermott (2002) 28 Cal.4th 946, 993 ; see People v. Bolin (1998) 18 Cal.4th 297, 334 .) Defendant points to no exculpatory or impeachment evidence that further examination would have elicited. ― ‗We cannot evaluate alleged deficiencies in counsel‘s representation solely on defendant‘s unsubstantiated speculation.‘ ‖ (Bolin, supra, 18 Cal.4th at p. 334 , quoting People v. Cox

2013However, we have made clear that ―[s]uch matters as whether objections should be made and the manner of cross-examination are within counsel‘s discretion and rarely implicate ineffective assistance of counsel.‖ (People v. McDermott (2002) 28 Cal.4th 946, 993 ; see People v. Bolin (1998) 18 Cal.4th 297, 334 .) Defendant points to no exculpatory or impeachment evidence that further examination would have elicited. ― ‗We cannot evaluate alleged deficiencies in counsel‘s representation solely on defendant‘s unsubstantiated speculation.‘ ‖ (Bolin, supra, 18 Cal.4th at p. 334 , quoting People v. Cox

22013–2013
People v. Pacheco red
calctapp · 2010
2 sentences

2013Defendant argues that he can raise the issue on appeal for the first time because the determination of such fees presents an insufficient evidence claim that cannot be forfeited, citing to People v. Pacheco (2010) 187 Cal.App.4th 1392 , 1397- 1401 (Pacheco).

2013Defendant argues that he can raise the issue on appeal for the first time because the determination of such fees presents an insufficient evidence claim that cannot be forfeited, citing to People v. Pacheco (2010) 187 Cal.App.4th 1392 , 1397- 1401 (Pacheco).

22013–2013
People v. McDermott green
cal · 2002
2 sentences

2013However, we have made clear that ―[s]uch matters as whether objections should be made and the manner of cross-examination are within counsel‘s discretion and rarely implicate ineffective assistance of counsel.‖ (People v. McDermott (2002) 28 Cal.4th 946, 993 ; see People v. Bolin (1998) 18 Cal.4th 297, 334 .) Defendant points to no exculpatory or impeachment evidence that further examination would have elicited. ― ‗We cannot evaluate alleged deficiencies in counsel‘s representation solely on defendant‘s unsubstantiated speculation.‘ ‖ (Bolin, supra, 18 Cal.4th at p. 334 , quoting People v. Cox

2013However, we have made clear that ―[s]uch matters as whether objections should be made and the manner of cross-examination are within counsel‘s discretion and rarely implicate ineffective assistance of counsel.‖ (People v. McDermott (2002) 28 Cal.4th 946, 993 ; see People v. Bolin (1998) 18 Cal.4th 297, 334 .) Defendant points to no exculpatory or impeachment evidence that further examination would have elicited. ― ‗We cannot evaluate alleged deficiencies in counsel‘s representation solely on defendant‘s unsubstantiated speculation.‘ ‖ (Bolin, supra, 18 Cal.4th at p. 334 , quoting People v. Cox

22013–2013
People v. Holmes, McClain & Newborn green
cal · 2022
1 sentence

2026(People v. Holmes, McClain and Newborn, supra, 12 Cal.5th at p. 780 .) 10 Here, Hansen testified that he initially declined Shryack’s requests for a ride and asked Shryack to leave.

12026–2026
ALVAKADO v. Superior Court green
calctapp · 2007
1 sentence

2026(Alvarado v. Superior Court (2007) 146 Cal.App.4th 993, 1003 .) We review an insufficient evidence claim under the substantial evidence standard.

12026–2026
People v. Jacobo green
calctapp · 2019
1 sentence

2025(People v. Jacobo (2019) 37 Cal.App.5th 32, 42 .) We do not reverse on an insufficient evidence claim “unless it appears ‘that upon no hypothesis whatever is there sufficient substantial evidence to support [the conviction].’ ” (People v. Bolin (1998) 18 Cal.4th 297, 331 .) Section 203 provides, “Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.” (See People v. Santana (2013) 56 Cal.4th 999, 1003 (Sant

12025–2025
People v. Lopez red
calctapp · 2021
2 sentences

2022In Lopez, supra, 73 Cal.App.5th 327 , the Court of Appeal considered an insufficient evidence challenge to a jury’s gang enhancements findings in light of the recent amendments to section 186.22.

2022In Lopez, supra, 73 Cal.App.5th 327 , the Court of Appeal considered an insufficient evidence challenge to a jury’s gang enhancements findings in light of the recent amendments to section 186.22.

12022–2022
People v. Bland green
cal · 2002
1 sentence

2021(People v. Bland, supra, 28 Cal.4th at pp. 326-327, 329-330.) “ ‘The intent is concurrent . . . when the nature and scope of the attack, while directed at a primary victim, are such that we can conclude the perpetrator intended to ensure harm to the primary victim by harming everyone in that victim’s vicinity.’ ” (Id. at p. 330.) 1 Respondent also argues Canizales is not retroactive and the claim is procedurally barred because: (a) it is an insufficient evidence claim; and (b) we have already ruled on this exact issue.

12021–2021
People v. Delgado red
cal · 2008
1 sentence

2016(People v. Delgado (2008) 43 Cal.4th 1059, 1065 .) When an insufficient evidence challenge is raised on appeal, we review for substantial evidence.

12016–2016
People v. Neal green
calctapp · 1993
1 sentence

2016(Id. at p. 356.) Defendant counters that sufficiency of the evidence issues are never waived, citing People v. Neal (1993) 19 Cal.App.4th 1114 (Neal), which stated that forfeiture would not apply to an insufficient evidence challenge to the imposition of consecutive sentences.

12016–2016
People v. Johnson green
cal · 1980
1 sentence

2015(People v. Johnson (1980) 26 Cal.3d 557, 577 .) Thus, we cannot resolve an insufficient evidence challenge without a full record.

12015–2015
The People v. Dowl green
cal · 2013
1 sentence

2014But even assuming the contention is properly before us as an insufficient evidence claim (see People v. Dowl (2013) 57 Cal.4th 1079, 1089 ), it is unpersuasive. 4 Defendant notes that the prosecutor amended the information to conform to proof during trial as to counts five and six, but not as to count three.

12014–2014

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (4) CA § Cal. Evidence Code § 1230 (3) CA § Cal. Penal Code § 496 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 28 (1986–2024) CA 20 (2013–2026) WA 16 (2013–2026) LA 14 (1988–2017) MN 13 (2000–2017) OH 12 (1999–2026) IL 7 (2014–2020) IN 6 (2014–2018) WV 3 (2016–2025) MA 3 (1977–2000) UT 3 (1998–2009) DC 3 (1993–2012) MI 3 (2016–2017) PA 2 (1992–2009) MO 2 (1995–2025) DE 2 (2016–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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