Can the Court of Appeal hear an appeal from the Department of Justice against a finding that the government's evidence was insufficient to sustain a conviction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Miller, 4 F.3d 792 (9th Cir. 1993):
We must first determine whether this court has jurisdiction to hear the government's appeal. We do under 18 U.S.C. Sec. 3731, unless the district court's order, as the officers argue, was a judgment of acquittal. "An acquittal based on a ruling that the government's evidence is legally insufficient to sustain a conviction ... may not be appealed." United States v. Baptiste, 832 F.2d 1173, 1174 (9th Cir.1987).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the 9th Circuit of the US Supreme Court have jurisdiction to hear an appeal from the District Court of Appeal against the US Department of Justice for a reconsideration motion? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's finding that the Ontario Superior Court of Justice has jurisdiction to hear a motion of appeal in the matter of personal injury? (MultiRegion, United States of America)
What is the result of the Court of Appeal's decision to grant a motion of appeal against the sentence of a man convicted of assault with intent to pervert the course of justice? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
What is the effect of a federal district court finding that an appeal against the Court of Appeal is moot? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
Can a federal court overturn a state court's finding that there is insufficient evidence at trial? (MultiRegion, United States of America)
