When a motion for acquittal is made at the close of the evidence, does the court review the denial of the motion de novo?

MultiRegion, United States of America

The following excerpt is from U.S. v. Carranza, 289 F.3d 634 (9th Cir. 2002):

When, as in this case, a claim of sufficiency of the evidence is preserved by making a motion for acquittal at the close of the evidence, this court reviews the district court's denial of the motion de novo. See United States v. Munoz, 233 F.3d 1117, 1129 (9th Cir.2000). A challenge to the sufficiency of the evidence requires this court to determine if "after 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

Page 642

doubt." Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Other Questions


For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
When reviewing a denial of a motion to dismiss on double jeopardy grounds before trial, does this court review the error made in the denial? (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)
When reviewing a denial of a motion to suppress, how do we review the findings of the previous district court? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (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)
When assessing the evidence presented at trial, does a reviewing court need to conduct a thorough review of the state court record? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In reviewing a motion to dismiss for lack of subject matter jurisdiction, can the court consider affidavits or any other evidence properly before the court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.