§Why CasetextPricing

PEOPLE v. GOOLSBY

Appellant’s Answer to Petition for Review

20 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,647 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"

  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,647 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  3. Burks v. United States

    437 U.S. 1 (1978)   Cited 3,833 times   3 Legal Analyses
    Holding the trial court is "not to weigh the evidence or assess the credibility of witnesses when it judges the merits of a motion for acquittal"

  4. People v. Breverman

    19 Cal.4th 142 (Cal. 1998)   Cited 3,870 times
    Holding that the failure to instruct on a lesser included offense in a noncapital case is, at most, an error of California law alone subject only to state standards of reversibility

  5. United States v. Martin Linen Supply Co.

    430 U.S. 564 (1977)   Cited 1,080 times   4 Legal Analyses
    Holding "appeals by the Government from . . . judgments of acquittal" entered under Rule 29 are authorized by 18 U.S.C. § 3731 "unless barred by the Double Jeopardy Clause of the Constitution"

  6. Evans v. Michigan

    568 U.S. 313 (2013)   Cited 227 times   3 Legal Analyses
    Holding that the trial court's erroneous ruling that the prosecution had failed to prove the existence of an alleged element of the crime at defendant's trial that it was not, in fact, required to prove was not subject to appellate review

  7. Downum v. United States

    372 U.S. 734 (1963)   Cited 739 times
    Holding that such gambling precludes the demonstration of manifest necessity necessary for a mistrial

  8. People v. Guiuan

    18 Cal.4th 558 (Cal. 1998)   Cited 697 times
    Approving this instruction

  9. Fong Foo v. United States

    369 U.S. 141 (1962)   Cited 390 times   2 Legal Analyses
    Holding that an acquittal prevents a second prosecution even if it is based upon an "egregious error" of fact or law

  10. People v. Wickersham

    32 Cal.3d 307 (Cal. 1982)   Cited 640 times
    In Wickersham itself, there was no evidence of provocation except for the victim grabbing a nearby gun immediately before the killing.

  11. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer