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evidence preponderates heavily against the verdict); United States v. Ferguson, 246 F.3d 129, 133 (2d Cir. 2001) (“The district court must strike a balance between weighing the evidence and credibility of witnesses and not ‘wholly usurp[ing]’ the role of the jury.” (quoting United States v. Autuori, 212 F.3d 105, 120 (2d Cir. 2000))). 1621
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Apr 29, 2023 · A conclusion that “despite the abstract sufficiency of the evidence to sustain the verdict, the evidence preponderates sufficiently heavily against the verdict that a serious miscarriage of justice may have occurred” may constitute grounds for a new trial. United States v. Alston, 974 F.2d 1206, 1211 (9th Cir. 1992) (quoting United States v.
Nov 4, 1997 · United States v Dockray, 943 F.2d 152, 157 (CA 1, 1991) (a new trial may be granted on the basis of the great weight of the evidence if the verdict is a miscarriage of justice, the evidence preponderates heavily against the verdict, or a jury result is seriously erroneous); United States v Sanchez, 969 F.2d 1409, 1414 (CA 2, 1992) (the discretion to grant a new trial in the interest of justice ...
Oct 2, 2024 · "A verdict is contrary to the weight of the evidence only when a greater amount of credible evidence supports one side of an issue or cause than the other." Wickes, 910 N.W.2d at 570 (cleaned up). District courts should only grant a new trial "in the extraordinary case in which the evidence preponderates heavily against the verdict rendered."
to clarify whether it had granted a new trial because the evidence was insufficient to support a conviction or that, despite the sufficiency of the evidence, it “preponderated heavily against the guilty verdict.” * See Crittenden, 827 F. App’x at 449 (citing . United States v. Herrera, 559 F.3d 296, 302 (5th Cir. 2009)).
Sep 2, 2021 · unless the record reveals that the evidence preponderates so heavily against the verdict that it would be a miscarriage of justice to allow the verdict to stand. [Citations omitted.] 3 With respect to motions for JNOV and directed verdict, the evidence and all legitimate inferences are examined in a light most favorable to the nonmoving party.
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Dec 9, 2008 · With respect to defendant’s claim challenging the great weight of the evidence, defendant has failed to show that the evidence preponderates heavily against the verdict, or that the prosecution witnesses’ testimony was impeached to the extent that it was deprived of all probative value that the jury could not believe it.
