State v. FischerAnnotate this Case
After a jury trial, Defendant was found guilty of second degree murder. 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, concluding that the guilty 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 the verdict was not a miscarriage of justice. The Supreme Court affirmed the trial court’s order granting a new trial, holding (1) the court of appeals exceeded the proper scope of deferential 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.