What is the sufficiency of the evidence challenge regarding a charge of conspiracy to murder?

MultiRegion, United States of America

The following excerpt is from United States v. Gracesqui, 17-0363-CR (2nd Cir. 2018):

For a conspiracy charge to withstand a sufficiency of the evidence challenge, "[t]he record must ... permit a rational jury to find: (1) the existence of the conspiracy charged; (2) that the defendant had knowledge of the conspiracy; and (3) that the defendant intentionally joined the conspiracy." United States v. Santos, 541 F.3d 63, 70 (2d Cir. 2008) cert denied 555 U.S. 1122 (2009) (citations omitted). In Santos, we considered a similar sufficiency of the evidence challenge regarding a 21 U.S.C. 848(e)(1)(A) conviction, and concluded that the statute had two elements: "one drug offense and one killing." Santos, 541 F.3d at 69. As to the independent drug offense, the relevant drug conspiracy statute does not require an overt act. Id. at 68. Accordingly, "the conspiracy itselfand no act in furtherance of it, homicidal or otherwiseserves as the predicate drug offense under section 848(e)(1)(A)." Id.

Other Questions


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)
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)
Does the acquittal of Gooday on all charges of first-degree murder preclude a retrial on three lesser included charges of murder? (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 sufficient evidence to convict a defendant in a conspiracy to murder? (MultiRegion, United States of America)
Is there sufficient evidence to convict two men of conspiracy to murder? (MultiRegion, United States of America)
What is sufficient evidence to support a conviction for conspiracy to murder? (MultiRegion, United States of America)
What is the test for challenging the sufficiency of evidence in a criminal conspiracy case? (MultiRegion, United States of America)
Is there any case law in which a RICO conspiracy is not a crime of violence even though one of the charged predicate acts is a conspiracy to commit murder? (MultiRegion, United States of America)
What is the test for the sufficiency of evidence to convict a defendant of conspiracy to murder? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.