The evidence adduced at the trial established that Mr Masiya was guilty of indecent assault.
"We conclude that the evidence adduced at Davis's trial was insufficient to convict him," the panel's decision said.
"I find that there is sufficient legal evidence adduced to sustain the indictment," the judge wrote in a decision handed to prosecution and defense lawyers on Tuesday.
The main evidence adduced for this thesis was based upon a contemporary body of non-Muslim sources to many early Islamic events.
To that end he deplores the evidence adduced in support of this notion as "highly speculative and statistically weak" at best.
In the sentencing hearing, the state reintroduced all evidence adduced at trial.
Finally, the decisionmaker's conclusion as to a recipient's eligibility must rest solely on the legal rules and evidence adduced at the hearing.
The evidence always adduced for this theory is the Reagan Administration's invention of the term "revenue enhancement."
The first lies in the extent to which all evidence adduced depends on guesswork.
Both assumptions have been questioned and much evidence adduced to show that group politics does not in fact work in this way.