![]() The attorney may even acknowledge that he or she is just making the motion “for the record” and “we don’t need to be heard further.” This type of general motion is usually sufficient for appellate purposes. 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.
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