Sufficiency Of Evidence

Feb 21, 2020

Criminal Law: Conspiracy to Distribute-Sufficiency of Evidence-Ineffective Assistance of Counsel

Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that […]

Feb 12, 2020

Criminal Law: Criminally Negligent DWI-Sufficiency of Evidence

Defendant appealed from his conviction for criminally negligent DWI. Defendant presented no evidence or testimony at trial, and the jury returned a verdict in six minutes. On appeal, the court […]

Feb 3, 2020

Criminal Law: Constructive Possession-Sufficiency of Evidence-Accomplice Liability

Where a defendant, who was convicted of charges of possession of drugs and unlawful use of drug paraphernalia, argued that the state failed to prove constructive possession, the defendant’s proximity […]

Jan 17, 2020

Real Property: Adverse Possession-Sufficiency of Evidence

Defendant appealed from the denial of his adverse possession claim. Plaintiffs had purchased the disputed property and later sought to fence it off, finding no functional or visible border or […]

Jan 10, 2020

Criminal Law: Sentencing-Enhancements-Sufficiency of Evidence

Where a defendant challenged his sentence in a felon-in-possession case, the evidence was insufficient to show a connection between ammunition and marijuana for a sentencing enhancement, but any error was […]

Jan 10, 2020

Criminal Law: Drug Conspiracy-Sufficiency of Evidence-Sentencing

Where a defendant challenged his conviction in a drug-conspiracy case, the evidence was sufficient to support the three counts, and the district court did not err in calculating the offense […]

Jan 10, 2020

Criminal Law: Distribution of Heroin-Sufficiency of Evidence-Denial of Downward Variance

Defendant appealed from his sentence following his conviction for distribution of heroin, conspiracy, and aiding and abetting. Defendant challenged the sufficiency of the evidence supporting the jury verdict and argued […]

Dec 30, 2019

Criminal Law: DWI-Sufficiency of Evidence

Defendant appealed from his DWI convictions, arguing that the trial court erred in not granting judgment of acquittal because the state failed to prove defendant was intoxicated at the time […]

Dec 30, 2019

Criminal Law: Child Pornography-Willful-Blindness Instruction-Sufficiency of Evidence

Defendant was convicted of receiving and distributing child pornography. On appeal, defendant argued that the trial court erred in giving the jury a willful-blindness instruction. Defendant also challenged the sufficiency […]

Dec 26, 2019

Criminal Law: Tampering With Evidence-Sufficiency of Evidence

Where defendant challenged his convictions including one for felony tampering with physical evidence, the defendant voluntarily admitted to the crime during his testimony and closing argument, so he was bound […]

Dec 26, 2019

Real Property: Adverse Possession-Sufficiency of Evidence

The trial court granted summary judgment to HCW Development Company and against defendant in his claim for adverse possession of 27 acres of property. The trial court concluded that defendant […]

Dec 26, 2019

Employment: USERRA-Sufficiency of Evidence-Motivating Factor

Where a plaintiff, who was employed as a service-center manager after his retirement from the U.S. Army, claimed that his termination violated the Uniformed Services Employment and Reemployment Rights Act, […]