the "insufficient evidence" objection by argues which of the following: course hero

What does it mean when a witness with poor credibility testifies in favor of the prosecution?

What this means in a practical sense is that when applied is that when a witness with poor credibility testifies in favor of the prosecution, the judge is supposed to draw “every legitimate inference” from the bad witness in favor of holding over the case . This often drives our clients nuts (and us, too), because we know a jury would find the person of such poor credibility that there would be a defense verdict. We want to yell, “Your honor, no one would ever believe this witness, so you should not either.”

What does "strong suspicion" mean in defense?

Defense counsel like the “strong suspicion” level, meaning is it not just a small suspicion, or any suspicion, but much much more. This even suggests a beyond a reasonable doubt to some, but this is not accurate. In fact, to equate “strong suspicion” with “beyond a reasonable doubt” is a big mistake. Rideout addresses this saying that “every ...

Is hearsay evidence admissible in a preliminary hearing?

In this “inadmissible evidence” argument, it is good to understand that hearsay evidence is admissible in a preliminary hearing if testified to by a qualified peace officer, including an honorably retired police officer (Penal Code § 872 (b)). This also can be extremely frustrating because in trial such evidence may be inadmissible, so logically it should not be considered at the preliminary hearing, especially if the practical result is to maintain a case that will only later end in a defense verdict.

Can a 995 motion be argued insufficiency of evidence?

Nonetheless, a 995 motion can succeed in arguing insufficiency of the evidence when the preliminary hearing transcript contains no evidence to support each element of the charged offense. Garabedian v. Superior Court (1963) 59 Cal.2d 124; Barber v. Superior Court (1991) 1 Cal.App.4th 793, 795.

What is Insufficient Evidence?

A finding (decision) by a trial judge or an appeals court that, as a matter of law, the case must be dismissed due to a lack of sufficient evidence presented by the plaintiff or prosecutor, which has not met the required standard of proof in such a proceeding.

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