You need to be more specific about this issue. Is this case in the Court of Appeals? Has there been a trial? The context is important for a correct answer.
That would be a common standard on a directed verdict motion or a motion to dismiss after a bench trial. It simply means that for purposes of deciding the motion, unresolved questions of fact are going to be settled in favor of the non-moving party (the prosecution). So, for every fact in dispute where there is evidence on both sides of the question, we assume the evidence that favors the prosecutions position is true. Then, based on that assumption, the Court rules on the motion.
In answering this question, it is not intended that an attorney-client relationship is formed and the information is for general reference only. I am licensed in Michigan and Florida and offer no legal advice outside of those states.
When judges review a case for whether the evidence is insufficient to convict, the judges are required to look at the evidence in the light most favorable to the prosecution. At trial, however, the jury is told that you are presumed innocent, and they cannot convict unless the prosecutor proves you guilty beyond a reasonable doubt.
You and I do not have an attorney-client relationship formed by our communications on this website. Comments made by me on this website are general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. You can contact me at [email protected]
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements