1.7Motion for Judgment of Acquittal (Directed Verdict) After Jury Verdict¹

In addition to the following discussion, see the Michigan Judicial Institute’s Motion for Directed Verdict of Acquittal After Jury Verdict Checklist.

A.After Jury Verdict

“After a jury verdict, the defendant may file an original or renewed motion for directed verdict of acquittal in the same manner as provided by MCR 6.431(A) for filing a motion for a new trial.” MCR 6.419(C).²

“No judgment or verdict shall be set aside or reversed . . . by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.” MCL 769.26. MCL 769.26 “creates a presumption that preserved, nonconstitutional error is harmless, which presumption may be rebutted by a showing that the error resulted in a miscarriage of justice.” People v Lukity, 460 Mich 484, 493 (1999). “[MCL 769.26] presumes that a preserved, nonconstitutional error is not a ground for reversal unless ‘after an examination of the entire cause, it shall affirmatively appear’ that it is more probable than not that the error was outcome determinative.” Lukity, 460 Mich at 495-496. See People v Feezel, 486 Mich 184, 188 (2010) (where “the trial court abused its discretion by failing to admit evidence of the victim’s intoxication because it was relevant to the element of causation[,]” “the error resulted in a miscarriage of justice, which therefore requires reversal under MCL 769.26”).

“If the court grants a directed verdict of acquittal after the jury has returned a guilty verdict, it must also conditionally rule on any motion for a new trial by determining whether it would grant the motion if the directed verdict of acquittal is vacated or reversed.” MCR 6.419(E).

B.Explanation of Rulings on the Record

“The court must state orally on the record or in a written ruling made a part of the record its reasons for granting or denying a motion for a directed verdict of acquittal and for conditionally granting or denying a motion for a new trial.” MCR 6.419(F).

See Order of Acquittal/Dismissal or Remand, MC 262; Order Vacating Conviction and Entering New Disposition, CC 387.

C.Standard of Review

“When reviewing a trial court’s decision on a motion for a directed verdict, [the appellate court] reviews the record de novo to determine whether the evidence presented by the prosecutor, viewed in the light most favorable to the prosecutor, could persuade a rational trier of fact that the essential elements of the crime charged were proved beyond a reasonable doubt.” People v Aldrich, 246 Mich App 101, 122 (2001).