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01ATTORNEY INFORMATION
02CASE INFORMATION
03TIMING OF MOTION
G.S. 15A-1227(a)(1) — Motion at close of State's evidence. Defendant may renew at close of all evidence.
04CHARGES AT ISSUE
CHARGE #1
CHARGE NAME / STATUTE
ELEMENTS THE STATE FAILED TO PROVE
05LEGAL STANDARD (REFERENCE)
SUBSTANTIAL EVIDENCE STANDARD — G.S. 15A-1227
A motion to dismiss for insufficient evidence must be granted when the State has failed to present substantial evidence of each essential element of the charged offense. "Substantial evidence" is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. State v. Turnage, 362 N.C. 491 (2008).
The Court must view the evidence in the light most favorable to the State, giving the State the benefit of every reasonable inference. However, the Court must dismiss if the evidence is "a mere scintilla" or raises only a suspicion or conjecture of guilt. State v. King, 343 N.C. 29 (1996).
If the State's evidence is wholly circumstantial, it must be sufficient to support a reasonable inference of each element. The burden is on the State — it does not shift to the defendant.
A motion to dismiss for insufficient evidence must be granted when the State has failed to present substantial evidence of each essential element of the charged offense. "Substantial evidence" is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. State v. Turnage, 362 N.C. 491 (2008).
The Court must view the evidence in the light most favorable to the State, giving the State the benefit of every reasonable inference. However, the Court must dismiss if the evidence is "a mere scintilla" or raises only a suspicion or conjecture of guilt. State v. King, 343 N.C. 29 (1996).
If the State's evidence is wholly circumstantial, it must be sufficient to support a reasonable inference of each element. The burden is on the State — it does not shift to the defendant.
06ARGUMENT
07RELIEF REQUESTED
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OPEN CLAWDE VERSION →MOTION TO DISMISS — KEY RULES
- Must be made at the close of the State's evidence (before defendant puts on evidence) — G.S. 15A-1227(a)(1)
- Renew at close of ALL evidence to preserve the issue for appeal — G.S. 15A-1227(a)(2)
- Failure to renew waives the issue on appeal — State v. Campbell, 316 N.C. 168 (1986)
- Preserve even if unlikely to succeed — it protects appeal rights
- If granted, it acts as an acquittal — Double Jeopardy bars retrial — G.S. 15A-1227(c)
- Review on appeal: de novo — State v. Golder, 374 N.C. 238 (2020)
AUTHORITY
G.S. 15A-1227Motion to dismiss
State v. Turnage362 N.C. 491 (2008)
State v. King343 N.C. 29 (1996)
State v. Golder374 N.C. 238 (2020)
State v. Campbell316 N.C. 168 (1986)
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