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Tag Archives: Sufficiency Of Evidence

Criminal Law: Possession with Intent to Distribute-Unconstitutional Vagueness-Sufficiency of Evidence

  Defendants were convicted of conspiracy and possession with intent to distribute controlled-substance analogues. On appeal, they argued that the Controlled Substance Analogue Enforcement Act was unconstitutionally vague. Defendant Palmer further argued that the indictment failed to allege facts knowing ...

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Criminal Law: Indecent Contact with a Minor Violation of Conditions of Supervised Release Sufficiency of Evidence

Defendant was serving a term of supervised release when he was accused of indecent contact with a minor in violation of his release conditions. On appeal, defendant argued that the district court erred by crediting the victim’s testimony when she ...

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Administrative: Social Security Disability Benefits-Denial of Application-Sufficiency of Evidence

  Plaintiff applied for Social Security disability benefits, alleging mild intellectual disability, low education, slow learning ability and memory problems. Although an Administrative Law Judge found plaintiff had three severe impairments, the ALJ concluded that none of the impairments alone ...

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Criminal Law: Closing Argument-Accomplice Liability-Sufficiency of Evidence

(1)Where a defendant challenged her conviction based on accomplice liability for first-degree assault,  jurors could consider the defendant’s behavior during the incident and toward doctors and could draw numerous inferences from the circumstances surrounding the injuries to the child victim, ...

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Criminal Law: Possession with Intent to Distribute-Sufficiency of Evidence-“Mere Presence” Instruction

Defendant was arrested after she sat in the passenger seat of vehicle while her boyfriend completed a drug deal with a confidential informant. Following her conviction, defendant challenged the sufficiency of the evidence, argued that the Fifth Amendment barred her ...

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