What is the legal test for a motion for a judgment of acquittal?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bibian, 48 F.3d 1229 (9th Cir. 1994):

A district court's denial of a motion for a judgment of acquittal is reviewed under the same standard as a challenge to the sufficiency of the evidence. United States v. Lessard, 17 F.3d 303, 304 (9th Cir.1994). Any factual determinations underlying the district court's decision are reviewed for clear error. Id.

When reviewing a challenge to the sufficiency of the evidence, we must determine whether, viewing "the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Bishop, 959 F.2d 820, 829 (9th Cir.1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Can a motion to dismiss a motion by dismissal rather than by judgment be disposed of by judgment? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for a motion to dismiss a motion for a judgment of acquittal at the conclusion of the presentation of all evidence? (MultiRegion, United States of America)
Is a motion for acquittal a final judgment of acquittal? (MultiRegion, United States of America)
Is a motion for review of the sufficiency of the evidence waived if the accused fails to make a motion of judgment of acquittal before the matter is sent to the jury? (MultiRegion, United States of America)
What is the test for a Rule 29 motion for judgment of acquittal? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the test for a motion for judgment of acquittal at the close of all evidence? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.