What is the test for review of the sufficiency of evidence in the absence of a directed verdict?
MultiRegion, United States of America
The following excerpt is from U.S. v. 33.5 Acres of Land, More or Less, Okanogan County, State of Wash., 789 F.2d 1396 (9th Cir. 1986):
There is a limited exception to the rule against review of the sufficiency of the evidence in the absence of a motion for a directed verdict: where there is "plain error apparent on the face of the record that, if not noticed, would result in a manifest miscarriage of justice." Id. at 594. See also United States v. Harrell, 133 F.2d 504, 507 (8th Cir.1943) (eminent domain).
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