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U.S. v. MACKAY

No. 12-4001.

715 F.3d 807 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Dewey C. MacKAY, III, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 30, 2013.

Attorney(s) appearing for the Case

Peter Stirba ( Nathan A. Crane and Kathleen Abke with him on the brief), Stirba & Associates, Salt Lake City, UT, for Appellant.

Elizabethanne C. Stevens , Assistant United States Attorney ( David Barlow , United States Attorney, with her on the brief), Office of the United States Attorney, Salt Lake City, UT, for Appellee.

Before KELLY and BALDOCK, Circuit Judges, and JOHNSON, District Judge.

BALDOCK, Circuit Judge.

The bedrock principle that "no person shall be made to suffer the onus of a criminal conviction except upon ... evidence necessary to convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense" is well-settled in our criminal jurisprudence. Jackson v. Virginia, 443 U.S. 307, 316, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). We frequently hear appeals from defendants challenging...

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