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· 6/1/1994

Ricky G. Stallings v. Robert J. Tansy, Warden

Citations

  • 28 F.3d 1018
  • 1994 U.S. App. LEXIS 12673
  • 1994 WL 232361

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that evidence was insufficient to sustain the defendant’s conviction because “[t]he jury’s disbelief of petitioner’s testimony could not fill the gap left by the State’s total lack of relevant evidence as to petitioner’s guilty knowledge”
  • noting that courts “do not agree ... on the circumstances that will support such an inference”
  • “The jury’s disbelief of petitioner’s testimony could not fill the gap left by the State’s total lack of relevant evidence . . . .”
  • “The jury’s disbelief of petitioner’s testimony could not fill the gap left by the State’s total lack of relevant evidence . . . .”
  • discussing the constitutional importance of proving the elements of forgery
  • “When ‘the evidence must be buttressed by surmise and conjecture, rather than logical inference in order to support a conviction, . . . such conviction [cannot be allowed] to stand.’” (alterations in original) (quoting State v. Romero, 67 N.M. 82, 83 (1960))

Source: CourtListener parenthetical corpus (CC0).

Judges: Brorby, Ebel, Kane

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.