What is the burden of appeal against a conviction for conspiracy to murder?

MultiRegion, United States of America

The following excerpt is from U.S. v. Perez, 144 F.3d 204 (2nd Cir. 1998):

"In challenging the sufficiency of the evidence to support his conviction, a defendant bears a heavy burden. In reviewing such a challenge, we must view the evidence, whether direct or circumstantial, in the light most favorable to the government, crediting every inference that could have been drawn in its favor, and we must affirm the conviction so long as, from the inferences reasonably drawn, the jury might fairly have concluded guilt beyond a reasonable doubt. In order to prove a charge of conspiracy, the government need not present evidence of an explicit agreement; proof of a tacit understanding will suffice. The coconspirators need not have agreed on the details of the conspiracy, so long as they have agreed on the essential nature of the plan. The defendant's knowledge of the conspiracy and participation in it with the requisite criminal intent may be established through circumstantial evidence. Any challenge to the weight of the evidence is for argument to the jury, not a ground for reversal on appeal." United States v. Skowronski, 968 F.2d 242, 247 (2d Cir.1992) (citations omitted).

Other Questions


What is the test for appeal from the Court of Appeal against the denial of a Writ of Habeas Corpus application brought by a state prisoner convicted of murder? (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)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
If a jury convicted Driggers of the murder of his ex-wife by reason of interstate travel, can the jury convict him of the crime even if the interstate travel was utterly unrelated to the murder scheme? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted of a drug-fuelled murder and convicted of the crime because the prosecution relied heavily on circumstantial evidence? (MultiRegion, United States of America)
What is the relevant jurisdiction for a motion of appeal against a judgment of conviction for sexual assault against a defendant who filed his notice of appeal pro se? (MultiRegion, United States of America)
What is the test for determining the sufficiency of evidence on appeal of a conviction of a murder for hire? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.