How have courts interpreted the definition of a "definite and firm conviction" in a motion for sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. Ressam, D.C. No. 2:99-cr-00666-JCC-1, No. 09-30000 (9th Cir. 2012):
11.In Hinkson, we noted that in reviewing the factual aspects of the district court's determination we may feel such a "definite and firm conviction" only when the district court's application of the applicable legal rule was "(1) 'illogical,' (2) 'implausible,' or (3) without 'support in inferences that may be drawn from facts in the record.' " Id. (quoting Anderson v. Bessemer City, 470 U.S. 564, 577 (1985)).
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