La. Admin. Code tit. 41 § II-612

Current through Register Vol. 50, No. 8, August 20, 2024

Section II-612 - Motion for Finding of Not Guilty

A. General. A motion for finding of not guilty is a procedural device whereby the defense may test the sufficiency of the government's case. The motion may also be raised sua sponte by the military judge. The motion may be made at the conclusion of the government's case or at the conclusion of the defense's case, but must be made before the announcement of the findings on the general issue of guilt. The motion must specifically indicate where the government's evidence is insufficient and the military judge should give the parties an opportunity to be heard before ruling on the motion. The military judge should ordinarily allow the trial counsel to reopen the government's case as to the insufficiency specified in the motion if any such further evidence is reasonably available. [See R.C.M. 917.]

B. Test and Effect of Ruling. The test for granting the motion is whether there is some evidence, which together with all reasonable inferences and applicable presumptions, could reasonably tend to establish every essential element of the offense charged. The evidence is viewed in the light most favorable to the government and without evaluating the credibility of witnesses. The military judge may grant the motion as to part of a specification, as long as a lesser offense charged is alleged in the portion of the specification as to which the motion is not granted. A ruling granting a motion for a finding of not guilty is an acquittal and is final when announced; it may not be reconsidered by the military judge. A ruling which denies a motion for finding of not guilty may be reconsidered at any time prior to announcement of findings.

La. Admin. Code tit. 41, § II-612

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2402 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).