Also known as: legal insufficiency · insufficient as a matter of law
Written by attorneys · grounded in primary & secondary sources — see below
Evidence that, when viewed in the light most favorable to the nonmoving party, supplies no basis on which a reasonable jury could find for that party on a required issue.
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Lucas Lee was convicted of conspiracy after the government presented only testimony that he had been seen near the scene. On appeal the court held the evidence legally insufficient because no rational juror could find the required agreement. The reversal barred any retrial.
After a conviction was reversed because the verdict was against the weight of the evidence, the court permitted retrial. The distinction from legal insufficiency meant double jeopardy did not bar a new proceeding.
A party that omitted both a renewed Rule 50(b) motion and a new-trial motion challenging sufficiency was later barred from raising legal insufficiency on appeal.
After an unlawful entry, officers obtained a later warrant on independent information. The court ruled the seized evidence was not legally insufficient under the independent-source doctrine.
Luna Lang was charged with sexual assault. She testified to an honest belief that consent existed. The court held the evidence was legally sufficient to require the jury to decide the intent element.
Lorenzo Lugo was charged with using a phone to facilitate a drug felony. The government offered no proof of the underlying felony. The court found the evidence legally insufficient on that element and entered judgment for the defendant.
The Double Jeopardy Clause treats the reversal as an acquittal and bars retrial.
The court asks whether a reasonable jury, viewing the record in the light most favorable to the nonmovant, could find for that party on every required element.
…conduct" is sufficient for the defense. But it is not necessary. To the extent that the majority imply that the evidence is insufficient as a matter of law when the complainant's conduct "unequivocally" shows consent, they are wrong. As shown, consent by the complainant and a reasonable and honest belief by the defendant in that consent are…