Ten Basic Facts & One Special Rule for Circumstantial Evidence Cases: The Mandatory Two-Step “Al-Naseer/Silvernail” Analysis:
Motions for Judgment of Acquittal are made in almost all criminal cases. There are 10 basic facts that apply to all motions for acquittal and one special rule for circumstantial evidence cases that judges MUST follow. The Court of Appeals recently clarified the proper analysis the District Court MUST apply when the state’s case is based largely or entirely on circumstantial evidence. Failure to apply the correct analysis could result in reversal. State v. Sam, 859 N.W.2d 825 (Minn.App.2015).
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