Tuesday, August 30, 2011

Eighth Circuit -- United States v. Randy Johnson, Jr

Court adopts "overwhelming or incontrovertible" standard for assessing whether evidence is sufficient to convict despite flawed jury instruction.

Circuit split flagged.

Dissent - Majority analyses without giving the gov't every favorable inference & presumption, as required by sufficient-evidence review.

United States v. Randy Johnson, Jr
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.