When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him?
MultiRegion, United States of America
The following excerpt is from U.S. v. Garcia, 497 F.3d 964 (9th Cir. 2007):
de novo. See United States v. Neill, 166 F.3d 943, 948 (9th Cir.1999). When a defendant argues there was insufficient evidence to support a conviction, we view the evidence in the light most favorable to the prosecution to determine whether "the jury reasonably could have found the defendant guilty beyond a reasonable doubt." United States v. Lothian, 976 F.2d 1257, 1261 (9th Cir.1992) (internal quotation marks omitted).
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