Taking justices to task for overreach

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and 4th District deputy director at the state’s attorneys appellate prosecutor.

Posted December 7, 2017 11:38 AM

When a criminal defendant challenges his conviction on direct appeal, arguing that the state failed to prove him guilty beyond a reasonable doubt, the standard of review for the appellate court is as follows: When viewing the evidence in the light most favorable to the state, could any rationale trier of fact find the essential elements of the crime charged beyond a reasonable doubt.Pursuant to this standard, a reviewing court should not substitute its judgment for that of the trier of fact.This standard seems …

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