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Tag Archives: Sufficiency Of Evidence

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

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 ...

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Criminal Law: Drug Trafficking-Motions to Suppress-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 ...

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Criminal Law: Kidnapping-Sufficiency Of Evidence-Underlying Felony

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 ...

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Juvenile Law: Delinquency Judgment-Terroristic Threat-Sufficiency Of Evidence

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 ...

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Criminal Law: Murder-Sufficiency of Evidence-Jury Instructions

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, ...

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Criminal Law: Statutory Rape-Sufficiency Of Evidence-Penetration

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 ...

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Civil Rights: 42 U.S.C. §1983- Summary Judgment- 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 ...

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Domestic Relations: Termination of Parental Rights- Abuse and Neglect- Sufficiency of Evidence

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 ...

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Criminal Law: Petition for Habeas Corpus- Sufficiency of Evidence- Witness Recantation

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 ...

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