Defendant appealed his conviction for being a felon in possession of a firearm, possessing PCP with intent to distribute, and possessing a firearm in furtherance of drug trafficking. On appeal, defendant challenged the sufficiency of evidence and the admission of ...

Tagged with: Criminal Law Felon in Possession of Firearm Possession with Intent to Distribute Sufficiency Of Evidence

Defendants were indicted as part of a large drug-trafficking conspiracy, after an investigation involving the use of GPS trackers and telephone intercepts that led officers to seize methamphetamine and firearms from defendants’ residences and vehicles. At trial, defendants unsuccessfully moved ...

Tagged with: Criminal Law Drug Trafficking Motions to Suppress Sufficiency Of Evidence

Where a defendant challenged his convictions for kidnapping and armed criminal action, the judgment is affirmed because the evidence was sufficient to support the kidnapping charge, but the trial court erred by failing to instruct the jury that the defendant’s ...

Tagged with: Criminal Law kidnapping Sufficiency Of Evidence Underlying Felony

Where a juvenile challenged a delinquency judgment finding that he had made a second-degree terroristic threat, the evidence was sufficient for the court to assume jurisdiction over the juvenile for recklessly disregarding the risk of causing a school evacuation by ...

Tagged with: Delinquency Judgment Juvenile Law Sufficiency Of Evidence Terroristic Threat

Where a defendant challenged his conviction for felony resisting arrest, the evidence was sufficient to allow a reasonable fact-finder to find beyond a reasonable doubt that the trooper was arresting the defendant for the felony of attempted assault on him ...

Tagged with: Criminal Resisting Arrest Sufficiency Of Evidence

Defendant was convicted for his participation in a fatal group beating of victim Ferris Brings Plenty. On appeal, defendant challenged the sufficiency of the evidence, the jury instructions on second-degree murder, the improper vouching for the credibility of state witnesses, ...

Tagged with: Criminal Law jury instructions murder Sufficiency Of Evidence

Where the evidence in a first-degree statutory-rape case showed that the defendant’s penis touched but not that it penetrated the victim, the evidence was insufficient to support the rape conviction, so the judgment is reversed and remanded for the court ...

Tagged with: Criminal Law Penetration statutory rape Sufficiency Of Evidence

Where a defendant challenged his conviction for sexual abuse in the second degree arguing that the evidence was insufficient to support the charge because he did not grab the victim’s genitals for the purpose of gratifying sexual desire, the judgment ...

Tagged with: Criminal Law sexual abuse Sufficiency Of Evidence

Plaintiff, an inmate, appealed from the district court’s adverse grant of summary judgment in plaintiff’s §1983 action. Where plaintiff failed to submit any evidence to substantiate his allegations, the district court properly entered summary judgment because there was no genuine ...

Tagged with: 42 U.S.C. §1983 civil rights Sufficiency Of Evidence summary judgment

Defendant’s parental rights to his children were terminated after the trial court found, based on video interviews of the children’s half-siblings, that defendant committed physical and emotional abuse of the children. On appeal, defendant challenged the admission of the interviews ...

Tagged with: Abuse and Neglect Domestic Relations Sufficiency Of Evidence Termination of Parental Rights

Defendant appealed from the denial of his petition for writ of habeas corpus challenging the sufficiency of the evidence supporting his conviction for oral rape. At defendant’s trial, the court admitted the minor victim’s video interview in which he testified ...

Tagged with: Criminal Law Petition for Habeas Corpus Sufficiency Of Evidence Witness Recantation