State v. Ho Tai

I respectfully dissent.

While I agree with the Court that the State must meet its burden of proving beyond a reasonable doubt that criminal acts occurred and the defendant was involved in their commission, somewhere between its recitation and application of the applicable standard of review, the Court loses sight of the requirement that when reviewing challenges to the sufficiency of the evidence, the Court is constrained, by its own precedent, to review the evidence in the light most favorable to the State. See, e.g., State v. Tempesta, 617 A.2d 566, 567 (Me.1992); State v. Priest, 617 A.2d…