Legal Opinion · Dissent

State v. Burwell

Montana Supreme Court

Decided November 6, 2013No. DA 12-0518Published

1DissentJustice Rice

¶20 In an analysis of the sufficiency of the evidence, it is particularly important to examine all the evidence before the trier of fact, yet the Court ignores significant circumstantial evidence that was presented at trial. A conviction may be overturned for insufficient evidence only after viewing all the evidence presented, in the light most favorable to the prosecution, to determine whether a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Henrich, 268 Mont. at 268, 886 P.2d at 408. The weight and credibility of evidence is…

2Cases cited7 opinions

  1. State v. OstwaldMontana Supreme Court · 1979
  2. State v. CarterMontana Supreme Court · 1997
  3. Meinecke v. Intermountain Transportation Co.Montana Supreme Court · 1936
  4. State v. KaskeMontana Supreme Court · 2002
  5. State v. WoodMontana Supreme Court · 2008

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