Written by attorneys · grounded in primary & secondary sources — see below
A condition in which evidence or a procedural filing falls short of the minimum legal threshold required to sustain a conviction, claim, or requested relief.
Sources & Authorities· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Reversed Conviction Bars Retrial
Ivan Ivanov was convicted of robbery after the prosecution introduced only a single eyewitness account that failed to place him at the scene. On appeal the court found the evidence legally insufficient. The state sought to retry Ivanov with additional witnesses, but the reversal for insufficiency prevented any further prosecution.
Pleading Fails Plausibility Test
Ingrid Innes sued Interlink Communications alleging an antitrust conspiracy based solely on parallel pricing behavior. The complaint contained no facts showing an actual agreement. The court dismissed the action because the allegations did not cross the line from conceivable to plausible.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Presumption Insufficient for Conviction
Idris Ives was charged with possessing a firearm found in a car he occupied with three others. The state relied on a statutory presumption that all occupants possessed the weapon. The court held the presumption alone could not support a finding of possession beyond a reasonable doubt.
County Court of Ulster County, N. Y. v. Allen442 U.S. 140 (S.Ct.1979)
Counsel Performance Falls Short
Igor Ito was sentenced to death after his lawyer failed to investigate mitigating evidence of mental impairment. The reviewing court found the representation deficient and concluded the deficiency undermined confidence in the outcome of the sentencing proceeding.
Strickland v. Washington466 U.S. 668 (1984)
Record Lacks Adequate Support
Ilana Isaacs challenged a state abortion regulation requiring spousal notification. The state defended the rule with only anecdotal testimony. The court found the evidentiary record insufficient to demonstrate that the requirement would not impose an undue burden in a large fraction of cases.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Rate Order Lacks Constitutional Basis
Island Manufacturing challenged a state commission order setting maximum rail rates. The carrier showed that the prescribed rates would not cover operating costs. The court held the rates constitutionally insufficient and enjoined their enforcement.
Ex parte Young209 U.S. 123 (1908)
Common questions
Frequently Asked
3
When does reversal for insufficient evidence bar retrial?+
Reversal on appeal for legal insufficiency of the evidence is treated as an acquittal. The Double Jeopardy Clause therefore prohibits a second trial on the same charges.
Supporting sources
How does insufficiency of the evidence differ from a verdict against the weight of the evidence?+
Legal insufficiency means no rational jury could have found the elements proved beyond a reasonable doubt. A verdict against the weight of the evidence means the verdict is contrary to the greater weight of credible proof even though some evidence supports it. Only the former bars retrial.
Supporting sources
What must a complaint contain to avoid dismissal for legal insufficiency?+
A complaint must plead facts that state a plausible claim for relief. Threadbare recitals of elements or conclusory allegations are not enough.
Supporting sources
209 U.S. 123 (1908)Bankruptcy Law
…effort to test the validity of the laws themselves, are unconstitutional on their face, without regard to the question of the insufficiency of those rates. We also hold that the Circuit Court had jurisdiction under the cases already cited (and it was therefore its duty) to inquire whether the rates permitted by these acts or…