Legal Opinion · Concurrence

Rhyne v. United States

District of Columbia Court of Appeals

Decided May 20, 1985No. 83-462Published

1ConcurrenceNebeker, Associate Judge

I believe that the government is entitled to a fuller understanding than is given in the court’s opinion of why the precedents on which it relies are distinguishable here and thus deemed not persuasive or binding. I conclude, as does the majority, that the evidence is insufficient in these unique circumstances. See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

The government’s burden, when it relies on fingerprint evidence, is to negate at least the most reasonable explanations of that evidence which are consistent with innocence, and to show that the fingerprints…

2Cases cited3 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Hawkins v. United StatesDistrict of Columbia Court of Appeals · 1974
  3. Leming v. FEDERAL PACIFIC ELECTRICAL CO.Supreme Court of New Jersey · 1971

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