SCOV Law

Lesser included fish. By:  Elizabeth Kruska Two opinions this week. SCOV is on fire with cranking out opinions lately. Let’s dive in.   First we’ve got a criminal opinion that touches on a few things. Briefly, the defendant was charged with and convicted of a count of lewd or lascivious conduct. He raised two points of error on appeal and SCOV rejected both of his arguments.    First, he tried to argue the court should have granted his motion for judgment of acquittal because there was insufficient evidence to support a conviction. This… this is a really hard argument to make. SCOV applies the same standard as at the trial court, which is whether, when taken in the light most favorable to the state, there is sufficient admissible evidence upon which a conviction could be sustained. Basically, this gets granted only if there is no evidence to support the conviction. The trial court found there was, and SCOV agreed. I’m not going to get into the nitty gritty of the evi...