What is the burden of proving insufficient evidence in a motion to overturn a conviction?

MultiRegion, United States of America

The following excerpt is from United States v. Flom, 17-2440-cr (2nd Cir. 2019):

"A defendant bears a heavy burden in seeking to overturn a conviction on grounds that the evidence was insufficient." United States v. Cruz, 363 F.3d 187, 197 (2d Cir. 2004). "The 'relevant question' in this inquiry is 'whether, after viewing the evidence in the light most favorable to the [government], any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.'" United States v. Rodriguez, 392 F.3d 539, 544 (2d Cir. 2004) (alteration in original) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)) (emphasis in Jackson). Direct evidence is not required; "[i]n fact, the government is entitled to prove its case solely through circumstantial evidence, provided, of course, that the government still demonstrates each element of the charged offense beyond a reasonable doubt." Id.

Other Questions


What is the burden of establishing that there is insufficient evidence to convict a defendant who has been convicted of a sexual assault? (MultiRegion, United States of America)
What is the burden of proving that the evidence was insufficient to convict a defendant in a sexual assault case? (MultiRegion, United States of America)
What is the burden of proving that there is insufficient evidence to convict defendant Toffler? (MultiRegion, United States of America)
What is the burden of a defendant challenging a conviction based upon insufficiency of the evidence? (MultiRegion, United States of America)
Is sufficient evidence sufficient to overturn the conviction of a man convicted of a sexual assault? (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)
What is the test for a motion alleging that appellant was convicted on insufficient evidence? (MultiRegion, United States of America)
Is insufficient evidence sufficient to overturn a conviction for conspiracy and possession? (MultiRegion, United States of America)
What is the test for sufficiency of the evidence in a motion to overturn a conviction? (MultiRegion, United States of America)
Can a defendant challenge their convictions on the grounds that there is insufficient evidence to support their convictions? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.