What is the test for setting aside the findings of a fact finder on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Grayson, 597 F.2d 1225 (9th Cir. 1979):
On appeal, not only must we construe the evidence in the light most favorable to the government, but we may not set aside the conclusions of the fact finder. The test is whether the jurors could rationally conclude from the evidence that guilt was established beyond a reasonable doubt. United States v. King, 552 F.2d 833, 852 (9th Cir. 1976); United States v. Nelson, 419 F.2d 1237, 1242-44 (9th Cir. 1969).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a finding of competency be set aside on appeal? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (MultiRegion, United States of America)
What is the test for an appeal against a finding that a judge abused discretion in making decisions on a motion of appeal? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
What is the effect of a cross-appeal against a finding that a set of 19 lifts shipped on the "Ermua" were not wrapped or boxed? (Canada (Federal), Canada)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Is an appeal against a finding that the appeal is frivolous and taken for the purpose of delay for abuse of abuse of time? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
