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Tag Archives: Sufficiency Of Evidence

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 at the time of sexual intercourse to support the conviction, ...

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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 claim against defendant accounting firm. The uncontroverted material facts demonstrated ...

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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 the trial court failed to instruct the jury properly. Defendant ...

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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 found defendant’s brief woefully deficient in its compliance with Rule ...

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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 as a passenger in the vehicle to drugs found during ...

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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 harmless because the district court stated that it would sentence ...

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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 that the district court erred in not granting him a ...

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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 he was driving. Where there was testimony from defendant’s girlfriend ...

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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 of the evidence at trial and argued that his sentence ...

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