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Thompson: Manifest Injustice Standard applies to nonpreserved sufficiency challenge

By Tim Cone

In U.S. v. Thompson, No. 08-13658 (July 8, 2010), the Court rejected sufficiency of the evidence challenges to multiple convictions of robberies and for using firearms in the course of those offenses.The Court noted that because, as to certain counts, the defendant failed to move at the close of the government?s case for judgments of acquittal, on appeal the challenge to the sufficiency of the evidence supporting the convictions on those counts was not reviewed de novo, but only for ?manifest miscarriage of justice.?The Court found that the evidence was sufficient, citing the testimony of witnesses who identified the defendant, his gun, and his getaway vehicle.

Full post as published by Defense Newsletter Blog on July 09, 2010 (boomark / email).