What is the standard for a challenge to the sufficiency of evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Nyemaster, 116 F.3d 827 (9th Cir. 1997):

A challenge to the sufficiency of the evidence is reviewed under "a highly deferential standard." U.S. v. McCourt, 925 F.2d 1229, 1231 (9th Cir.1991). A court must view the evidence in the light most favorable to the government and affirm if any rational factfinder could find the essential elements of the crime beyond a reasonable doubt. Id.; U.S. v. Adler, 879 F.2d 491, 495 (9th Cir.1988) (citing Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 2788-89, 61 L.Ed.2d 560 (1979)).

Page 829

Other Questions


When reviewing the sufficiency of the evidence in a sexual assault case, what is the test for determining if the evidence is sufficient to convict the accused? (MultiRegion, United States of America)
When reviewing a challenge to the sufficiency of the evidence in a sexual assault case, what is the test for a finding that the evidence was insufficient? (MultiRegion, United States of America)
What is the substantial evidence standard for establishing that substantial evidence is sufficient? ("New York", United States of America)
What is the preponderance of the evidence standard and what is the clear and convincing evidence standard? (MultiRegion, United States of America)
Can a defendant challenge his conviction for conspiracy to pervert the course of justice by challenging the sufficiency of evidence to support his conviction? (MultiRegion, United States of America)
When determining the sufficiency of circumstantial evidence in a murder trial, is the evidence sufficient to convict the accused of the crime? (MultiRegion, United States of America)
What is the standard of review for a defendant challenging the sufficiency of the evidence supporting his convictions on Count Five and Six of the indictment? (MultiRegion, United States of America)
How do we review challenges to the sufficiency of evidence de novo? (MultiRegion, United States of America)
What is the standard of review for a challenge to the sufficiency of the basis for emergency response? (MultiRegion, United States of America)
What is the standard for the use of the preponderance of the evidence standard in a civil case where a police officer's testimony is hearsay? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.