State v. Fischer

After a jury trial, Defendant was found guilty of second degree murder. Following the guilty verdict, Defendant moved for a new trial under Ariz. R. Crim. P. 24.1(c)(1). The trial court granted the motion for a new trial, determining that the verdict was contrary to the weight of the evidence. After independently examining the evidence, the court of appeals reversed, concluding that the jury properly weighed the evidence and its verdict was not a miscarriage of justice. The Supreme Court vacated in part the opinion of the court of appeals and affirmed the order granting a new trial, holding (1) the court of appeals exceeded the proper scope of appellate review by independently reweighing the evidence rather than determining if substantial evidence supported the trial judge’s ruling; and (2) substantial evidence existed to support the trial court’s determination. View "State v. Fischer" on Justia Law