#Pretrial motion to dismiss trial#

General motion: Defense attorneys often make a blanket assertion that “the state has not met its burden in the case” without offering specific reasons.

The specific basis for a defendant’s motion to dismiss will obviously depend on the unique facts of each case, but most of them tend to fall into two categories:ġ. The same standard for evaluating a motion to dismiss for insufficient evidence applies regardless of when the motion is made, and regardless of the type of evidence (i.e., direct or circumstantial) offered by the state.

The ultimate question for the judge is “whether a reasonable inference of defendant’s guilt may be drawn from the circumstances.” State v. Furthermore, the court should only evaluate whether sufficient evidence exists for the jury to consider the charge, not the weight of the evidence. The court should consider all the evidence actually admitted, whether competent or not, that is favorable to the state.Any contradictions or discrepancies in the evidence are left to the jury to resolve and.Evaluated without regard to the defendant’s evidence (unless that evidence is favorable to the state).The evidence must be viewed in the light most favorable to the state, and giving the state the benefit of all reasonable inferences. As long as there is substantial evidence as to both issues, the motion to dismiss should be denied if the evidence only raises a suspicion or conjecture as to either or both elements, the motion should be granted. “Substantial evidence” has been defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” State v. Upon a defense motion to dismiss for insufficient evidence, the question to be decided by the judge is whether there is “substantial evidence” of: (i) each essential element of the offense (or lesser-included offense) and (ii) the identity of the defendant as the perpetrator of that offense. Regardless of whether it is styled as a motion to dismiss, motion for nonsuit, or motion for directed verdict, the legal effect is substantially the same. 15A-1414 (motion to dismiss after verdict or set aside verdict). There is little or no practical difference between the two. 15-173 (“Demurrer to the evidence,” allowing defendant to “move to dismiss the action, or for judgment as in case of nonsuit” after the state has rested its evidence). 15A-1227 is fundamentally the same as the motion described in G.S.

#Pretrial motion to dismiss trial#

The judge “must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed.” G.S. Failure to make a motion to dismiss at the close of the state’s evidence or at the close of all the evidence does not bar the defense from making a motion at either of the other two later times. This motion can be made: (i) at the close of the state’s evidence (ii) at the close of all the evidence (iii) after a guilty verdict has been returned and before the court enters judgment or (iv) after discharging the jury without a verdict and before the end of the court session. 15A-1227, the defendant may make a motion to dismiss the case on the grounds that there is insufficient evidence to sustain a conviction. Your use of this site does not create an attorney-client relationship with us, and we ask that you not send us any confidential information, by email or otherwise, without first obtaining the consent of one of our attorneys.Pursuant to G.S. Our publications' mailing or digital distribution is not intended to create, and receipt of them does not constitute an attorney-client relationship. Please use the 'Contact Us' form on this website to request reprint permission for any of our publications. Lamont may not be quoted or referred to without our prior written consent. Publications from the Law Offices of Peter J. Nothing on our website should be construed as legal advice for any specific situation or circumstance. Lamont, is not legal advice and is intended for general information. The material on this site, including publications from the Law Offices of Peter J. Lamont for the convenience of visitors to our site.

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