Legal Question in Criminal Law in California

Judges and jury's

Very simple! Under what circumstances can a judge overturn the Jury? And please give case citation. Thank You.


Asked on 11/15/05, 11:11 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judges and jury's

Judges can overturn a jury verdict, but only to change a verdict of "guilty" to "not guilty" (not the other way around). The legal term is JNOV which stands for Judgmente Non Obstante Verdictum (Judgment Notwithstanding the Verdict). This happens very, very rarely. The judge may also grant a motion for a New Trial (unless the defendant was found Not Guilty). There are too many cases to cite. You could google for "JNOV".

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Answered on 11/16/05, 12:14 am


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