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Cases cited for the legal proposition you have searched for.

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...court recognized, however, that the practice may benefit a defendant by giving a jury a less drastic alternative to the choice between conviction of the charged offense and acquittal. ( Ibid...convicting defendant of a capital offense or acquitting him. The jury was instructed on the lesser included offense of second degree murder with respect to both deaths and was instructed on voluntary...forced improperly to make an all-or-nothing choice between a capital verdict and an acquittal. ( Beck, supra, 447 U.S. at pp. 637-638...

...entitled to a verdict of acquittal, it is only required that such evidence raise a reasonable doubt in your minds of the defendant's guilt." Even assuming that this proposed instruction accurately...

..., and Bill Bodger, head of acquisitions. When Rendine began work, her first assignment was to revamp a six-month old computer system, verifying information about...been given their prior jobs. However, Weinerman did not intend to demote Delianites and Gaetano. Weinerman explained that since defendant acquired four commercial properties in 1987 and wanted "to...charged the jury that punitive damages could not be assessed against defendant for the acts of his employees, unless defendant himself authorized or directed them, or at least agreed with and acquiesced to...

...) willful acquisition or maintenance of that power, as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident...court found that ESPN and TNT have monopoly power over a relevant market, plaintiff has not demonstrated that defendants unlawfully acquired or maintained that power in the relevant market. In general, a...not possess monopoly power in the relevant market, we need not discuss whether there has been willful acquisition or maintenance of that power. TVCN cannot escape the charge that...

...unwarranted prosecution or punishment, including demurrers (Pen. Code, § 1002 et seq.), pretrial motions to set aside the information or indictment ( id., § 995), and motions for judgment of acquittal...People v. Moreno, supra, 211 Cal.App.3d at p. 793 [jury convicted defendant of 14 counts of molestation but acquitted him of 6, indicating an "ability to...evident that the jury did not believe that defendant committed all the acts with which he was charged, since they acquitted him on five counts. It is impossible to predict how the jury would have...

...-old man who described himself as quite strong for his size, giving rise to a reasonable inference he knew that by physical force or threats of harm he could compel Sorensen to acquiesce in any demand he...considering a noncapital verdict other than a complete acquittal and thereby calling into question the reliability of the outcome. ( Id. at pp. 166-168, citing...essentially was between the death penalty and acquittal, due to the felony-murder rule and the attempted-rape special circumstance allegations. (See...

.... Second, all five eyewitnesses to the shooting — all friends of defendant presumably acquainted with his demeanor — testified variously that defendant "wasn't drunk," he was "acting normal," he...

..."gradually acquired many of the attributes of a court" Mulhearn v. Federal Shipbuilding and Dry Dock Co., 2 N.J. 356, 366 (1949...

...that his relationship with her was attained with her consent. He related in sum that he had made her acquaintance in July, 1957. He stated that from time to time he had had conversations with the...

...which she was abused. Andrea despaired, longing to be returned to her mother, and threatened to commit suicide on more than one occasion. Although Emilia eventually acquired a solid job and an...

..., subd. (a)(3)). The jury acquitted defendant of the charge of sodomy against DeVaul (count 17) and the related special-circumstance allegation. The jury subsequently fixed the penalty at death...acquainted with DeVaul, who testified he was a drug user. Various members of defendant's family testified that, on the afternoon of February 13, 1983, defendant had attended a birthday party for his father at...had owned an army jacket with his name sewn on it, similar to one acquaintances of defendant testified he possessed around the time Silveira disappeared on December 4, 1982. Silveira's jacket was...

...chemicals. Appellant inquired into the possibility of acquiring employment in a dust and chemical-free environment at Stowe-Woodward, but was informed that the only position...identified its source. We agree that the acquisition of such information from a physician would undoubtedly start the period running. However, we reject plaintiff's contention that nothing short of a...

..., holding that the taxpayers had never acquired a possessory interest in the documents and that the documents were not immune from production in the attorney's hands. But in No. 74-611 the Court of...affirmed the enforcement order, holding that the taxpayers had never acquired a possessory interest in the documents and that the papers were not immune in the hands of the attorney. In No. 74-611, a...Fifth Amendment to prevent the otherwise proper acquisition or use of evidence which, in the Court's view, did not involve compelled testimonial self-incrimination of some sort...

...party in Flint, Michigan, in the company of his friend, Rodney Henderson, and an acquaintance, Damarr Jones. The three men left the party...

...to offense of conviction; amount cannot be based on acquitted or dismissed counts or general conduct); Knutsen v. Gonzales, 429 F...

...fornication and adultery, a party acquitted of the major cannot be indicted of the minor." Id., at 227-228. Wharton's treatise first reported the case as one based on...opinion in Ashe v. Swenson, 397 U.S. 436 (1970), can afford protection against reprosecution following acquittal, a concern...to require divestiture of interests so acquired and impose reasonable restrictions on the future investment activities of persons identified by the statute. § 1964. Major...

...black market proceeds from Vietnam; have served as a source of questionable financing for conglomerate and other corporate stock acquisitions, mergers and takeovers; have covered conspiracies to...to abnormally large transactions in currency, much of which information the bank as a party to the transaction already possesses or would acquire in its own interest. To the extent that the...stressed in their presentations to the District Court and to this Court that the recordkeeping and reporting requirements of the Bank Secrecy Act are focused in large part on the acquisition of information...

...the local officials that the highway go through the park; in September 1969 the State acquired the right-of-way inside the park; and in November 1969 the Secretary announced final approval, including..., however, available; and the state acquired a right-of-way on both sides of the park. In April 1968, the Secretary announced that he concurred in...the judgment of local officials that I-40 should be built through the park. And in September 1969 the State acquired the right-of-way inside Overton Park from the city...

...and how Douglas was cheating, Wood brought to the third game an acquaintance named Tommy Thomas, who had a reputation of being a "pretty good poker player." Unknown to Wood, however, Thomas' father and...

...unknown to the parties. These witnesses may then voluntarily come forward and give important testimony." 2. "The spectators learn about their government and acquire...should not be acquainted with any of the facts of the case or have knowledge of any of the circumstances, whether through officials in his own department or records in his possession. If the accused...cases have lived appalling lives due to parental neglect and brutality, lack of normal living conditions, and poverty. This has produced in them a maturity which is normally acquired much later in...

...hallucinations. Defendant became acquainted with Ella Mae Fellows, a prostitute, several months prior to her death in...identification only following the prosecutor's case-in-chief, as part of a motion for a judgment of acquittal pursuant to section 1118.1 on the basis of insufficiency of the evidence, attacking Cebreros's...to acquire replacement dentures. During trial the prosecutor asked several witnesses in what respects defendant's...

...acquitted of charges based on that conduct. Because the trial court's "not true" finding on the gun-use enhancement allegation was tantamount to an acquittal, defendant argues, the references to gun use...reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal, but the effect of this presumption is only to place upon the state the burden of proving him guilty beyond a...doubt as to his guilt, he must be acquitted. The next sentence stated that the just-described presumption of innocence "places upon the People the burden of proving him guilty beyond a reasonable...

.... Defendant claimed that "the real killer," an acquaintance of his, told him the location of the two women's bodies found in the Happy Valley area and that he had killed them. He also claimed that Morris...and seizure," i.e., the acquisition and use, of his Secret Witness statements, because they were obtained by fraud, subterfuge, and trickery. Finally, we reject defendant's...marks or identifiers, that, considered singly or in combination, support a strong inference that the defendant committed the crimes. ( Id. at p. 1316.) The victims were females who were acquainted...

...prosecuted and acquitted." Pursuant to the doctrine of implied acquittal, a defendant's conviction of a lesser degree or lesser included offense of that charged constitutes an implied acquittal of the greater... Defendant became acquainted with Nicholas (Nick) Klos in 1982. Klos often camped in a horseshoe-shaped "bowl area" in an isolated part of the desert near Lancaster, south of.... Shari Miller, who was 21 years of age, lately had been residing in her automobile. She was acquainted with Marcia Peltier and Michael Faddis. In late June 1984, Faddis, who sometimes...

...to pick up an acquaintance at the airport. She was wearing a bright red dress, jewelry and designer eyeglasses. Police found no jewelry, eyeglasses, keys or purse. Nor did they find a coat, but they...against another stranded motorist (Ford) provided additional circumstantial evidence that his purpose in stopping for Horrell was to steal. (22) Although a jury must acquit if...

...." Defendant's "level of acquired knowledge" as measured by the WAIS was "exceptionally poor." For example, defendant did not know how many weeks are in a year and could not...

...acquittal. After hearing these complaints and responses, the court reconvened in open court for further consideration of the Faretta motion. The court ultimately denied the.... Field acknowledged that at times he had to stop acquaintances or friends from starting to say something about the trial to him, and that he had to leave abruptly w...

.... Sometime during the late morning of May 14, an acquaintance of the Brandts, Ron Wilson, drove to the cabin. Wilson occasionally worked the Brandts' mining claim with them, receiving a.... The court posed the question to both the defense and the prosecution for the sole purpose of determining whether any of the jurors were acquainted with the individuals who might be called to testify...for offering an assessment of the evidence on this point, rather than ignoring it and focusing solely on an outright acquittal. Defendant asserts that counsel's inconsistent arguments undermined the...

...she met most of the criteria for a diagnosis of antisocial personality disorder. Various individuals acquainted with both defendants testified that Marlow and Coffman seemed to...acquire more money. With one exception, all of the arguments between defendants that Veronica witnessed were verbal and nonphysical. The one exception was an argument that occurred while Veronica was.... Hardy, supra, 2 Cal.4th at p. 152.) Here, Coffman's counsel did not merely acquiesce, but affirmatively joined in the challenge to Prospective Juror B., and thus cannot be heard to claim the...

...acquittal At the close of the prosecution's case-in-chief, the trial court granted defendant's motion for partial acquittal on the Benintende count and reduced that charge...publicity, acquaintance with defendant or with Bakersfield law enforcement, or other matters. Defendant contends that, to the extent the prospective jurors' answers on the...jury. Prospective Juror Jennifer P., a merchandise buyer who supported herself, said her current employer would pay for jury service but was in the process of being acquired by another company, and she...

...acquittal. The jury had the option of finding that defendant did not form the intent to have sexual relations with the victims until after they were dead (and therefore of acquitting him of the attempted rape...capital cases those situations in which the state has created an "artificial barrier" preventing the jury from considering a noncapital verdict other than a completeacquittal and thereby calling into...penalty and acquittal, due to the felony-murder rule and the attempted-rape special-circumstance allegations. (See Beck, supra...

...establishing that in the early morning hours of March 29, 1984, defendant, uninvited, entered the Ventura County residence of Jennifer S., 22 years of age, with whom he had been acquainted for approximately...Kim was highly probative, as it helped to establish a link between her recent acquaintance with defendant and her sudden death, and the...of the vehicle that a neighbor observed rapidly driving away from the apartment building in which Cullins (who also had been acquainted with defendant) had resided. The cause of Cullins's death, and...

.... During the drive, DuCoing, Comer, Pyle, and Poindexter all heard defendant say that the next time he went to court, he would go in a pink roadster. Defendant also told an acquaintance, Terri Wilson, that... requested by the defense, a decision in which defense counsel acquiesced when, following the court's explanation, he responded: "That's fine." ...independently evaluate whether the evidence shows that the defendant's sentence of death is appropriate. The Legislature and the electorate thus have acquiesced in the numerous decisions of this court, cited...

..., his false or contradictory statements, if any, and/or other statements he may have made with reference to the property[, a] false account of how he acquired possession of the stolen property, [and...

...was done but, rather, the manner in which it was done and in which testimony as to details [might] mean the difference between conviction and acquittal." ( Ibid.) The prior...) 20 Cal.4th 546, 648-649 ( Hart); Balderas, supra, at p. 201-202), except acts for which the defendant was acquitted (§ 190.3; Balderas, supra, at ...the delay was attributable to government negligence, and the defendant had not acquiesced. ( Doggett, supra, at pp. 656-658.) Here, defendant himself created and consented to the much...

...he was aware of the effect of paraquat on the lungs, that he possessed agricultural poisons he had acquired at work, and that he had shown the father of his second wife a container of a poison he...that the collateral estoppel doctrine does not prohibit the admission of evidence that has been introduced in a trial resulting in an acquittal from being admitted for all purposes at a subsequent..."exclude in all circumstances . . . relevant and probative evidence that is otherwise admissible . . . simply because it relates to alleged criminal conduct for which a defendant has been acquitted...

...an instruction defining rape have prejudiced defendant's burglary conviction. If defendant intended consensual sex when he entered the apartment and only thereafter acquired the intent to...

...inferences on matters bearing on guilt could be drawn at trial. Although the jury is required to acquit a criminal defendant if it finds the evidence susceptible of two reasonable interpretations, one of.... The prosecutor chronologically reviewed all crimes offered in aggravation and observed that defendant tended to react violently to the smallest provocation — an acquaintance...involuntary manslaughter and on forms of second degree murder not involving intent to kill. In a related vein, defendant contends counsel was ineffective insofar as he acquiesced in the court's decision and...

...acquiesced in the parties' wishes to make a record. Significantly, after the prosecution asked permission to make a record for appellate purposes, the court stated: "All right. In any event, I'm going to.... [Citations.]" ( People v. Kraft (2000) 23 Cal.4th 978, 1053.) "Although it is the jury's duty to acquit a defendant if it finds the...evidence. He claims the knife evidence was irrelevant to any disputed material issue because there was no showing as to when he acquired the knife. Improper introduction of the weapon, he argues, led...

...perform the shooting. Another witness, an acquaintance of defendant's named Elihue Broomfield, testified that defendant told him he had hired...more than a few hundred dollars for his participation in the crime. Hicks announced his reluctance to participate further. An acquaintance of Hicks's recalled that Hicks had said.... Elihue Broomfield, an acquaintance of defendant's from many years before, was at the courthouse on October 31, 1985, and happened to observe defendant's trial. Defendant...

.... Again, defense counsel acquiesced, simply submitting the question without objection or argument. In excusing Cummings the court stated that the...in jury selection to which the defendant did not object or in which he has acquiesced. (Cal. Const., art. VI, § 13; People v. Edwards (1991...].) The standard of appellate review is the same when the evidence of guilt is primarily circumstantial. "Although it is the duty of the jury to acquit a def...

...cap. She had once worked at a bar in Billings, Montana, where she acquired a gold jacket that had "Oly" written on the front, and on the back, "Western Bar Olympic Drinking Team, Billings, Montana." At...and the girl saw speeding away. The day after the Haertle-Hansen shooting, defendant drove the Fiat to the home of an acquaintance in Marin County, borrowed her car, and left the Fiat with her for four...forced him to accept new counsel. The court, however, acquiesced in defendant's wishes. Defendant next contends the court never obtained from him an "explicit waiver of a mistrial...

...was not material evidence because there is no reasonable probability that it would have led the jury to reject Dr. Hunter's expert opinion and, on that basis, to acquit defendant of first degree murder...trial court's instructions, when taken as a whole, made it clear that the jury could acquit defendant, and in discussing the verdict forms the court expressly told the jury it could return a not...

...Engelman trial court also ignored section 1053. Accordingly, Engelman is likewise inapposite. We therefore conclude the defense's acquiescence in the continuance has waived this issue on...

..., defendant claimed he had been acquitted by the grand jury, and that the evidence was thus barred under factor (b). Second, defendant insisted the acts were stale and prejudicial under Evidence Code...was introduced. Thus, defendant was adequately apprised of the prosecution's intent to admit evidence of the sodomy involving his daughters. 3. Acquittal Defense... Defendant contends he was "prosecuted and acquitted" for the factor (b) sex crimes in Texas, and that such acts were therefore barred under section 190.3. According to this theory, the...

...perhaps were visited, acquaintances at work and school and things like that, that I really tactically think have no reason to be in the case at all." Part believed that if defendant "would listen to what...or on its own motion, at the close of the evidence on either side and before the case is submitted to the jury for decision, shall order the entry of a judgment of acquittal of one or more of the...].) (27) In ruling on a motion for judgment of acquittal pursuant to section 1118.1, a trial court applies the same standard an appellate court applies in...

...denied knowing Garrison, then admitted knowing him only vaguely. As the interview progressed, defendant admitted to a stronger acquaintance...acquittal. b. The effect of Garrison's plea bargain As noted ( ante, at p. 4), the terms of Garrison's plea bargain permitted the....) The prosecutor stated for the record that the District Attorney of San Mateo County would extend the immunity to protect Garrison in the event that information ...

.... . . ." In addition, counsel's acquiescence in the admission into evidence of a card such as is used to prompt deputies giving Miranda warnings was...

...." Defendant calls the prosecutor's comment inflammatory. His remark was gratuitous, but his misconduct was also de minimis. The jury was well acquainted with defendant's crimes and their...crime — may have been a motive to break into Lois Skuse's house and steal from her, to acquire money to obtain drugs, so in that sense it may — it helps us to understand a little bit of why this happened...

...formed or acquired the relevant mental states, and his review of all available information on defendant. This testimony included the effects of alcohol on the central nervous system, defendant's...

...whether Victor Padua is acquainted with the witnesses to the Solis and Vasquez murders. Read in context, however, the prosecutor was merely noting that Victor Padua's story was probably true because it...].) There was no evidence showing defendant intended to return the car to its owners, that he took the car in a good faith belief he owned it, that he acquired the intent to steal only after taking the car...conviction. [¶] However, in no event shall evidence of prior criminal activity be admitted for an offense for which the defendant was prosecuted and acquitted. The restriction on the use of this...

...a couple of weeks after the murder. Sharon Williams, defendant's girlfriend, testified he gave her a watch and ring later identified as belonging to Carlene. Defendant's acquaintance, Armond Jack..., defendant is barred from raising on appeal defects in the procedure in which he acquiesced. (See, e.g., People v. Cudjo (1993) 6 Cal.4th 585..., 825 P.2d 388] [acquiescence in capital case jury selection procedure]; People v. Mickey (1991...

...trial court in ruling upon a motion for judgment of acquittal pursuant to section 1118.1 is the same as the standard applied by an appellate court in reviewing the sufficiency of the evidence to...

...the shooting of Lewis's house, so as to acquire personal knowledge of defendant's wishes in that regard. In the absence of such evidence, defendant argues, any statement to Simmons by Williams...only justification for undertaking a crime scene visit would be to illustrate relative distances as testified to by Lewis and to acquaint the jury with the trees at the scene. The jury ultimately was...apparently meant to suggest the jury must acquit defendant altogether, as the killing did not constitute either first or second degree murder, the only crimes of homicide on which they had been instructed...

...the trailer park where appellant lived in a trailer next to Tveten's mother. The trailer park manager confirmed that appellant's car had a TVETEN license plate on it before he acquired a Nevada plate...called Michael Szeremeta, an acquaintance then living in Minnesota whom he had called several times before these incidents. Szeremeta testified that he and appellant met in Las Vegas in 1982...degree murder might have been returned. Under the instructions given, the jury had no choice but to convict of an intentional killing or acquit. We agree that the trial court...

...reporter's transcript makes clear that defendant proposed the instruction and not only acquiesced in, but endorsed, a minor modification to it. The trial court chose defendant's language in place of language...

..., 1987. On May 26, 1987, three days after the Beacon incident, defendant's girlfriend, Yolanda Gomez, telephoned Miguel Pina, a high school acquaintance, and asked him to...because dismissal of the revocation charges arising from this incident was tantamount to an "acquittal" of the underlying offenses. Defendant...wardship adjudication is not criminal conviction].) (27) In any event, dismissal of revocation charges, even on the merits, does not mean the parolee or probationer has been "acquitted" of any...

.... Defendant also contends that because his conviction of being an accessory constituted an acquittal of murder, relitigation of the dismissed murder charge during the penalty phase violated his federal due...acquittal under section 190.3. [Citations.]" ( People v. Garceau (1993) 6 Cal.... 319.) We therefore reject any notion that defendant's plea to accessory meant that he had been prosecuted and acquitted of murder as a matter of law. (44...

..., who lived about six blocks from the service station at Foothill and Eucalyptus. Late that night, defendant was talking to some casual acquaintances on a street near his father's house when he met Howard...fired after defendant had acquired possession of Sergeant Wolfley's gun. ("Basically the officer confronted him with the gun. He pressed him, and he took it.") But it was inconsistent with the...judgment of acquittal (§ 1118.1) on the robbery charge on the ground of insufficiency of the evidence. The prosecutor inquired whether, if the trial court granted the motion, the court would...

...prison, but denied that this caused him any concern. That is, acquire a reputation as an informant...Broadway, where Moore parked the car and gave an acquaintance the keys. Defendant then went to his house and checked on his mother, then proceeded to Lavera's house, where they sat around talking. They...

...later attempted to use the credit card. The defendant told an acquaintance that he had "been making money off `dates' with homosexuals" and that he killed one ( Morris, at p. 11); he gave no... Defendant contends the trial court erred in failing to instruct the jury sua sponte on theft, after-acquired intent, first degree premeditated murder and second degree murder, and erred in...assertion that Silva rests on faulty reasoning and decline his invitation to revisit the issue. 2. Failure to Instruct on After-acquired Intent (5) Defendant did...

...[ 5 Cal.Rptr.2d 495, 825 P.2d 388]], `counsel acquiesced in the [voir dire] procedure of which...in which he has acquiesced. [Citations.]' ([Citation]; see also Cal. Const., art. VI, § 13 [no reversal for procedural errors absent a `miscarriage of justice'].)" ( People v. Ervin (2000...defendant acquiesced in the procedure, and the procedure benefited all parties by screening out "overzealous `pro-death' as well as `pro-life' venirepersons," thereby culling out prospective jurors who...

..., 819 P.2d 436] [a defendant may waive right to public trial by acquiescing in an order of exclusion]; People v. Thompson (1990) ...

.... Family acquaintance Oma Colbert described defendant as a happy child on the outside but sad on the inside. Defendant missed his parents and seemed to want love and attention. A high school...defense would preclude acquittal of the other. ( People v. Hardy, supra, 2 Cal.4th at p. 168.) Here, defendant's defense and those of...

...judgment of conviction or acquittal of the offense charged" (§ 1016, subd. 4) and "[o]nce in jeopardy" ( id., subd. 5; see also § 1023). (6) Not only may former jeopardy be affirmatively...included offenses has been explained this way: "The state has no interest in a defendant obtaining an acquittal where he is innocent of the primary offense charged but guilty of a necessarily included...guilty of that offense solely because the jury is unwilling to acquit where it is satisfied that the defendant has been guilty of wrongful conduct constituting a necessarily included offense. Likewise...

...happened to meet an acquaintance, Kathy Hyde, after arriving at the bar that night. In an apparent attempt to avoid the noise and crowd inside, they walked out to the parking lot and discussed a...articles about the case].) A juror who is acquainted with the victim's family as the result of a business or professional relationship is not necessarily incompetent to serve in a capital case. (E.g...to suggest that Ruggles and the daughter were not personally acquainted with one another and that they had no occasion to talk about the case. So far as the record discloses, the note contained no...

...during the voir dire process and be either excused or rehabilitated at that time. Although defendant directs our attention to a few jurors who may have acquainted themselves with the law after being..."consent was . . . freely and voluntarily given," and the "burden cannot be discharged by showing no more than acquiescence to a claim of lawful authority" ( Bumper v. North Carolina (1968...why she chose to acquiesce in the decision to allow Dr. Cholet to testify, and the decision is not one in which "there simply could be no satisfactory explanation" for counsel's actions ( People v...

...charge of which the jury acquitted defendant, including that there might have been "contamination from the vagina to the anus." It also presented evidence of police interviews with the Gritters. In...issue regarding the charges involving Toyoshima was whether he sodomized her. The jury acquitted him of sodomy and found not true the...charged environment created by the prosecutor's baseless oral copulation questions." On the contrary, as noted, the jury reviewed the evidence dispassionately, as shown by its acquittal of the sodomy...

...friend was 15–year–old Angie Higgins (Angie). She was acquainted with defendant because he was sometimes at the Farkases' home when she was there with Laurie. Angie testified that defendant once..., protesting that Laurie did not trust him. Laurie acquiesced and left the restroom with him. Angie heard defendant and Laurie...Laurie refused defendant's order to accompany him to find water with which to clean the blood off of Angie, defendant protested, “You don't trust me.” Laurie acquiesced, and defendant led her next...

...-murder special-circumstance allegations. (§ 190.2, subds. (a)(3) (17).) Defendant was also convicted of two counts of burglary (§ 459) and one count of robbery (§ 211), but was acquitted on a charge of...records show $57.18 was paid in cash for defendant's valve job on October 17. Beginning in the late afternoon on that day, defendant and Val held a party at their house. Acquaintances attending the...the charge of rape, on which defendant had been acquitted. As defendant concedes, the evidence relevant to the rape charge was the same evidence from which the jury had found Mrs. Galloway's murder...

.... is less than clear. April P. is not of Hispanic origin; she apparently acquired her Hispanic surname through marriage. Defendant argued below that this "counts," and he...claim was raised and rejected in a Penal Code section 1118.1 motion for judgment of acquittal at the close of the People's case-in-chief. It is without merit. We have explained that defendant cannot.... 2. Miranda/Harris: admission of defendant's extrajudicial statement regarding his acquisition of Jones's van for impeachment purposes During...

...acquaintance had been investigated for, or charged with, a crime. Roberta C. had handwritten "PRIVATE" beside these questions. On voir dire, she explained that, when she was nine or 10 years old, her...Reyna. Counsel alluded to the possibility that the killing was accidental, and therefore urged the jury to acquit defendant of any crime against Reyna. The jury was instructed that an accidental killing.... In his closing argument, the prosecutor noted defendant's omission to call family and childhood witnesses, remarking, "I ask you, who really knows someone, acquaintances or...

...this case, and the physical and circumstantial evidence indicating that he was the killer in each instance, no reasonable probability exists that the jury would have acquitted him had it learned that.... Defendant was over 30, obviously intelligent and well-acquainted with the criminal justice system. The totality of circumstances show his decision to summon the investigators was not the result of coercion...

...; see also RT 5507.) The defense challenged Pridgon's allegedly unreliable testimony when it moved for judgment of acquittal under...unreliable," defendant moved for a judgment of acquittal, claiming insufficient evidence of guilt. The trial court denied the motion. The trial court also denied defendant's subsequent motion for a new..."that the prosecution's case against him "was so lacking that the trial court should have entered a judgment of acquittal." McDaniel, 558 U.S. at 131. Evidence is...

...leading to the original death judgment, the jury (1) was instructed it could acquit defendant if he was unconscious for various involuntary reasons, including "[involuntary] drug-related...unwarranted all-or-nothing choice between a murder conviction and complete acquittal. In this regard, defendant reasons as follows: Involuntary manslaughter while voluntarily...manslaughter. This left jurors only a choice between convicting him of murder or acquitting him. We are not persuaded. At the outset, we find no reasonable likelihood the...

...to the American River Park, where he met an acquaintance, Anton. They bought some beer and went to Anton's house, where another friend met them. The three rode their bicycles back to the park and...States Supreme Court concluded that the defendant, who had acquiesced in standby counsel's participation at various points during the trial, could not complain on appeal that he was denied his right...

...argument that, if the jury could “attach reason and logic” to doubt, then it should acquit defendant but that “possible doubt or an imaginary doubt” should not result in acquittal. Defendant forfeited...multiple murder (§ 190.2, subd. (a)(3)). The jury acquitted defendant of the murder of Gayle Garcia and was unable to reach verdicts on the murders of Rhonda Strang and Amber Fisher...factual summary of the crimes for which defendant was acquitted or that ended in mistrial. A. Guilt Phase 1. The Homicides of Suzanne...

...peremptory challenge against G.R. First, he apparently had substantial acquaintance with persons engaged in criminal activity. Second, he held a negative view of the nature of the penalty of life...

...innocence. Thus they bear not on aggravation versus mitigation, but on conviction versus acquittal. In essence, defendant contends he should have been allowed to relitigate his guilt during the...

...car into the front yard of a house. The car was impounded. Detective Padillo testified that he subsequently acquired unspecified information leading him to believe that the impounded vehicle "had been.... When asked on direct examination about the scratches seen on his back that night by Strickler (Howard's wife), defendant said they were acquired several day...acquired a new job that he "loved" and performed well — armed enforcement officer for the San Diego County Humane Society. Nevertheless, defendant underwent a destructive change...

.... . . ." ( Id. at p. 1137.) In that case we gave as an example of the former an alibi instruction which directs the jury to acquit a defendant if it believed him not to be present at the time the crime...

...claim is forfeited because defendant failed to object on this ground below. "A defendant `may, by his own acts or acquiescence, waive his right [to a public trial] and thereby preclude any subsequent...acquiescence of the defendant in an order of exclusion.' [Citations.]" ( People v. Edwards (1991) 54 Cal.3d 787, 813....] This standard applies whether direct or circumstantial evidence is involved. `Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two...

...do next. Tammy Gamache had studied animal husbandry and loved horses, so the Gamaches decided to acquire horses and go to Washington to camp in the wilderness. Tammy Gamache had once lived next door...afternoon of December 3, Richard Gamache, Andre Ramnanan, and an acquaintance, Donald Gray, went target shooting in the desert outside Yermo. Gray testified he overheard Gamache and Ramnanan discussing plans...; and/or other statements that he or she may have made with reference to [the] property; or a false account of how he or she acquired possession of the stolen property; or any other evidence which...

...acts or acquiescence, waive his right [to a public trial] and thereby preclude any subsequent challenge by him of an order excluding the public. Unlike the jury trial right which requires an express...personal waiver [citation], the constitutional guarantee of a public trial may be waived by acquiescence of the defendant in an order of exclusion.’ [Citations.]” ( People v. Edwards (1991...involved. ‘Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence...

...no physical or testimonial evidence tying him to that location. Nor does defendant show that Ramage perjured himself regarding his acquaintanceship with Chandler. Ramage...jurors acquitted him of attempting to murder Yolanda A. The prosecutor's argument did not succeed. Cumulative Effect of Misconduct Finally, defendant...deficient for not trying to dissuade the court from following the law. We also note that they did not simply acquiesce in the court's ruling — after conducting further voir dire of Sandra M., and hearing...

...all of their information about the death penalty and this case was to be acquired in the courtroom. On both April 14 and April 18, trial counsel may well have decided as a tactical matter that it.... B. Burglary Convictions 1. Motion for Judgment of Acquittal At the close of the prosecution's...guilt phase case, the trial court denied defendant's motion for acquittal on the ground of insufficient evidence of the charges of burglary of the Chung Hing News and of the Ying On Association in the...

.... Defense The defense played a tape of interviews conducted in Estonia with defendant's parents and three acquaintances. Defendant's parents sai...satisfied if the jury was provided some noncapital third option between the capital charge and acquittal. Here the jury was provided with the noncapital option of first degree murder without special..."all or nothing" choice between robbery and acquittal; even if we assume the jury might have convicted defendant of robbery despite believing the element of taking by force was not proven, we cannot...

...reasonable, inasmuch as any hope that defendant would be acquitted of the murders rested on his credibility. His statements to police, while contradictory, established that he had been present when...the People might acquire stronger evidence to support their claim that the same firearm had been used in these crimes and in the Dwayne Reed murder and renew, as they eventually did, their pretrial...[ 25 Cal.Rptr.3d 672, 107 P.3d 790].) Moreover, as the trial court noted in denying defendant's motion for acquittal, the bag was colla...

...agreed, and the two girls left around 4:00 p.m. Lisa Willis, an acquaintance of Teddy's older sister, saw the two girls at the park. Defendant lived in a house across the street...

..., 932 [251 Cal.Rptr. 461, 760 P.2d 996].) "Although it is the duty of the jury to acquit a...point in the case." When Mr. Petersen expressed concern that it might emerge belatedly that some of the jurors had been exposed to publicity about one of the murders or were acquainted with the.... Because the jury's verdict in 1975 of second degree murder impliedly acquitted defendant of first degree murder ( Green v. United States (1957...

...thought processing. Trial counsel also presented a number of witnesses acquainted with defendant for the apparent purpose of demonstrating that he tended to act impulsively...

...did not provide proof beyond a reasonable doubt that defendant had committed murder, the jury was required to acquit him thereof. (§ 1097.) But the court, after informing the jury that "we come...judge to grant funds to retain a neurologist at county expense, though the effort eventually succeeded. Ames conceded that in 1983 counsel could acquire a bad reputation, or "jacket," among the judges...

...earlier prosecution the People did not have and reasonably could not have obtained sufficient evidence" to overcome a motion for acquittal at the close of the prosecution's case. The court found that the...by different provisions of the law," "[a]n acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other." This provision thus bars multiple...prosecutions for the same act or omission where the defendant has already been tried and acquitted, or convicted and sentenced. ( People v. Britt (2004...

...appeared very thin and undernourished. Pauline Morris, an acquaintance of the Jenningses', saw Arthur in early January...acquire sleeping pills in order to put Arthur to sleep; that on various occasions defendant dragged, hit, slapped, punched, kicked, pushed, and knocked down Arthur; that defendant burned Arthur's hand...." Defense counsel acquiesced in the trial court's deletion of element number three from CALJIC No. 8.81...

...a report to counsel concerning defendant's mental state. Counsel accepted this offer and acquiesced to setting a status conference for July 13. By the time the parties met in...stated he was "prepared to make the necessary statements for the court," but asked to do so at a status conference on July 23. With counsel's acquiescence, the court set a status conference for July...verdict than to acquit, and more likely to choose the death penalty over life imprisonment. More specifically, defendant contends the nonsequestered voir dire in this case allowed prospective jurors to...

...participants in the narrative of petitioner's crime are petitioner; his girlfriend, Juanita Washington; his friend, Roland Johnson; his acquaintance, security guard Michael Johnson (no relative of Roland's...petitioner mentioned to Roland Johnson was Michael Johnson, a man with whom petitioner was acquainted and who was employed as a uniformed security guard at Cashland. Michael Johnson generally worked only...June 1, 1993, from 8:00 or 8:30 a.m. until after 2:00 p.m. with petitioner at the auto dismantling shop where petitioner acquired the Camaro, at a restaurant, and at the witness's home. According to...

.... Defendant stabbed Ammarie in the left shoulder and neck. Ammarie was hospitalized for two weeks following the attack. On June 2, 1982, defendant attacked an acquaintance, Arthur...hearing transcript is tantamount to a guilty plea].) Defendant claims that because counsel did not argue for acquittal of all charges and presented no defense to some of the...stolen from the Bocanegra residence), and then moved for a judgment of acquittal of all the charges. In arguing the motion for acquittal, Toton asserted there was insufficient...

...the course of an oral copulation in violation of Penal Code section 288a. Defendant was also convicted of kidnapping Michelle Melander and Michael Melander, Jr. He was acquitted of committing a lewd...her unemployed husband, had discovered that she was pregnant again, and had asked an acquaintance whom she hardly knew if she could move in with her after she left her husband...with malice aforethought; murder by means of torture; and killing in the course of a violation of Penal Code section 288, the commission of a lewd act on a child under 14. The jury acquitted defendant of...

...]nanimity obviously requires that each juror must vote for and acquiesce in the verdict. Acquiescence simply because the verdict has been reached by the majority is not an independent judgment, and if...

..., thereby creating a substantial likelihood one or more jurors would place the burden on defendant to affirmatively raise a reasonable doubt in order to gain an acquittal. The...the world to acquire. . . . And your education is sufficient for me to find that you are able to understand the English language, to read, understand the documents fully. [¶] And I'm satisfied that...

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