Sufficiency Of Evidence

Mar 20, 2020

Civil Practice: Order of Protection-Stalking-Sufficiency of Evidence

Where appellant challenged the grant of a full order of protection for a minor child, the evidence was insufficient to support the order based on stalking because the child’s guardian […]

Mar 20, 2020

Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to […]

Mar 13, 2020

Criminal Law: Drug Possession-Sufficiency of Evidence

Where a defendant challenged his felony convictions for possession of methamphetamine and lorazepam, the lab report was sufficient to show that the substance tested in a bag was methamphetamine, and […]

Mar 13, 2020

Criminal Law: Child Molestation-Sufficiency of Evidence

Defendant appealed from his conviction for burglary, child molestation and assault, challenging the sufficiency of evidence at trial. Where the homeowner had revoked defendant’s right to come and go from […]

Mar 13, 2020

Civil Practice: Order of Protection-Stalking-Sufficiency of Evidence

Where appellant challenged the grant of a full order of protection for a minor child, the evidence was insufficient to support the order based on stalking because the child’s guardian […]

Mar 13, 2020

Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to […]

Mar 13, 2020

Criminal Law: Conspiracy to Distribute Cocaine Base-Sufficiency of Evidence-Calculation of Offense Level

Defendants were found guilty of drug and firearms offenses. Defendant Bruce Pugh was sentenced to 110 months’ incarceration, and defendant Darren Warren was sentenced to 130 months’ imprisonment. On appeal, […]

Mar 11, 2020

Criminal Law: Assault-Sufficiency of Evidence

Where a defendant, who fired one shot at a vehicle containing three passengers, argued that the evidence did not show that he intended to cause harm to all three passengers, […]

Mar 11, 2020

Criminal Law: Supervised Release-Due Process-Sufficiency of Evidence

Where a defendant in a drug-possession case challenged the revocation of his supervised release, the district court had sufficient evidence to find that the defendant committed the violation, and even […]

Mar 11, 2020

Criminal Law: Drug and Firearms Offenses-Sufficiency of Evidence-Eyewitness Identification

Defendant appealed from his conviction for drug and firearms offenses, arguing that the district court erroneously admitted eyewitness identification evidence, failed to instruct the jury on eyewitness identification, and violated […]

Feb 21, 2020

Criminal Law: Rape-Sufficiency of Evidence-Incapacitated Victim

Where a defendant challenged his first-degree rape conviction and the trial court’s restriction of his cross-examination of a witness, the evidence was sufficient to show that the victim was incapacitated […]

Feb 21, 2020

Negligence: Accounting Malpractice-Sufficiency of Evidence

Plaintiffs appealed from the trial court’s grant of summary judgment to defendant. Plaintiffs argued that there was insufficient evidence to establish summary judgment for defendant in plaintiffs’ non-client professional negligence […]