Where police found an unregistered firearm in a duffle bag in a bedroom closet at defendant’s parent’s home, evidence that the defendant stayed in the room when visiting and had clothes there, and that a train ticket in his name ...

Tagged with: Constructive Possession Criminal Law Sufficiency Of Evidence Unregistered Firearm

Where a defendant challenged his conviction for drug distribution resulting in serious bodily injury, a reasonable jury could find that the tight chain of events strongly suggested that the injected mixture caused the victim’s overdose, and the judgment is affirmed ...

Tagged with: Criminal Law Drug Distribution Resulting In Bodily Injury Sufficiency Of Evidence

Defendant was arrested after she sat in the passenger seat of vehicle while her boyfriend completed a drug deal with a confidential informant. Following her conviction, defendant challenged the sufficiency of the evidence, argued that the Fifth Amendment barred her ...

Tagged with: Criminal Law Possession with Intent to Distribute Sufficiency Of Evidence “Mere Presence” Instruction

Where an incarcerated defendant discussed a check-kiting scheme with individuals who were not incarcerated via monitored phone calls, and the bank records, phone calls and testimony showed that a conspiracy existed, the evidence was sufficient to prove a conspiracy to ...

Tagged with: Bank Fraud Criminal Law Sufficiency Of Evidence

Defendant was found guilty of damaging government property after he struck and destroyed an airport localizer antenna while driving drunk. On appeal, defendant challenged the jury instructions and argued the evidence was insufficient to support a guilty verdict. Where the ...

Tagged with: Criminal Law Damaging Government Property jury instructions Sufficiency Of Evidence

Where a defendant sent a message with a sexual tone to a minor, the evidence was sufficient to show that the victim suffered emotional distress and was sufficient to support the conviction for harassment, and the law was not overly ...

Tagged with: Criminal Law Facebook Messages harassment Sufficiency Of Evidence

Where a defendant argued that he should be released on probation because he successfully completed the long-term substance-abuse program, the denial of probation was based on insufficient evidence to show that the defendant was unfit for probation, so mandamus relief ...

Tagged with: Criminal Law Denial of Probation Sufficiency Of Evidence

Where a defendant challenged his gas-pump drive-off stealing conviction, the judgment is affirmed because the evidence was sufficient to show that the defendant drove away with approximately $42 in gas even though he explained to the clerk that he accidentally ...

Tagged with: Criminal Law Stealing Gas Sufficiency Of Evidence

Where a receiver charged with recovering assets for victims of a Ponzi scheme sued a bank, which provided services to the scammers’ entities, arguing that the bank aided and abetted the scheme, the district court correctly found that there was ...

Tagged with: Bank Defendant Banks and Banking Fraud Scheme Sufficiency Of Evidence

Where a man committed to the custody of the state for hospitalization challenged the commitment order, the judgment is affirmed because the district court properly found that the man was suffering from a mental disease or defect such that his ...

Tagged with: Commitment Order Criminal Law Sufficiency Of Evidence

Where appellants challenged a judgment against them on their adverse-possession claim to 314 acres of land, the judgment is affirmed because the trial court did not err in finding that they failed to present substantial evidence to conclude that their ...

Tagged with: Adverse Possession Hostile Real Property Sufficiency Of Evidence