Judge as Juror

February 25, 2014

  • 110 Criminal Law
  • 110XXI Motions for New Trial
  • 110k935 Verdict Contrary to Evidence
  • 110k935(1) k. Weight and Sufficiency of Evidence in General.

110 Criminal LawWhen movant alleges that verdict against him is against the weight of the evidence, court must act as a thirteenth juror and assess the credibility of the witnesses and weigh the evidence objectively; if court reaches the conclusion that the verdict is contrary to the weight of the evidence and that a miscarriage of justice may have resulted, the verdict may be set aside.

U.S. v. Caramandi, 415 F. Supp. 443 (E.D. Pa. 1976)