Does a defendant have the right to make a Rule 29 motion de novo claiming that he did not have any of the necessary assets in the case?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Malachowski, No. 09-5342-cr (2nd Cir. 2011):
as such, he did not "possess" them at any time. We review a denial of a Rule 29 motion de novo. United States v. Amico, 486 F.3d 764, 780 (2d Cir. 2007). However, where, as here, that motion raises a sufficiency-of-the-evidence argument, a defendant faces a "heavy burden" because a verdict must be upheld if "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Autuori, 212 F.3d 105, 114 (2d Cir. 2000).
"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
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
Does a motion to strike effectively dismiss all of plaintiff's claims against defendant defendants constitute an anti-SLAPP motion? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
Is there any case law where a defendant who refuses to testify before a grand jury has a right to defend himself against compelled self-incrimination? (MultiRegion, United States of America)
Does the federal court have jurisdiction to hear a motion in a motion brought by defendants in a civil case brought by the Department of Justice against the Attorney General? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
Is a plaintiff in a civil rights case brought in forma pauperis entitled to the same procedural protections as a defendant in the case? (MultiRegion, United States of America)
What is qualified immunity for a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
