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1. • • If the court concludes 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, it may set aside the verdict, grant a new trial, and submit the issues for determination by another jury.
     www.litigationandtrial.com/2012/04/articles/trial/contrary-to-the-weight-of-the-evidence/

     How Does An Appellate Court Find A Conviction Contrary To The ...

2. law.justia.com › cases › federalUnited States v. Archer, No. 18-3727 (2d Cir. 2020) :: Justia

   law.justia.com › cases › federal

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   Oct 7, 2020 · The preponderates heavily standard requires that the district court determine whether all the evidence at trial, taken as a whole, preponderated heavily against the verdict; it does not, however, permit the district court to elect its own theory of the case and view the evidence through that lens.

3. news.bloomberglaw.com › us-law-week › the-fourthThe Fourth Circuit Has the Most Liberal Rule 33 Interpretation

   news.bloomberglaw.com › us-law-week › the-fourth

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   Jul 18, 2023 · A Fourth Circuit panel of three judges affirmed the grant of the new trial, holding on a Rule 33 motion, the test is whether the “evidence weighs so heavily against the verdict that it would be unjust to enter judgment” and finding the district court did not abuse its discretion when basing its decision solely on disagreement with jury ...

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5. www.litigationandtrial.com › 2012 › 04How Does An Appellate Court Find A Conviction Contrary To The ...

   www.litigationandtrial.com › 2012 › 04

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   Apr 10, 2012 · If the court concludes 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, it may set aside the verdict, grant a new trial, and submit the issues for determination by another jury.

6. casetext.com › new-trial-newly-discovered-evidenceNew Trial / Newly Discovered Evidence - Casetext

   casetext.com › new-trial-newly-discovered-evidence

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   Sep 1, 2015 · If the court determines (despite the abstract sufficiency of the evidence to sustain the verdict) that the evidence preponderates sufficiently heavily against the verdict that a serious miscarriage of justice may have occurred, it may set aside the verdict, grant a new trial and submit the issues for determination by a new jury.

7. www.ca5.uscourts.gov › opinions › pubUnited States Court of Appeals for the Fifth Circuit

   www.ca5.uscourts.gov › opinions › pub

   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.”

8. www.law.georgetown.edu › american-criminal-lawGrounded On Newly Discovered Evidence - Georgetown Law

   www.law.georgetown.edu › american-criminal-law

   Rule 33(b)(1) now provides that a new trial motion grounded on newly discovered evidence may be filed within three years of the verdict, whereas Rule 33(b)(2) requires that a motion grounded on any other reason be filed within fourteen days.

9. People also ask

   What is the preponderates heavily standard?

   • The court clarified that the preponderates heavily standard requires that the district court determine whether all the evidence at trial, taken as a whole, preponderated heavily against the verdict. It does not, however, permit the district court to elect its own theory of the case and view the evidence through that lens.

   United States v. Archer, No. 18-3727 (2d Cir. 2020) :: Justia

   law.justia.com/cases/federal/appellate-courts/ca2/18-3727/18-3727-2020-10-07.html

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   Why did the Pennsylvania Supreme Court remand the case for a new trial?

   • The jury convicted and the trial judge denied the defendant’s motion for a new trial. However, the Superior Court reversed the convictions, holding that they were ‘contrary to the weight of the evidence’, and remanded the case for a new trial. The prosecution has now appealed to the Pennsylvania Supreme Court, which is considering the case.

   How Does An Appellate Court Find A Conviction Contrary To The Weigh…

   www.litigationandtrial.com/2012/04/articles/trial/contrary-to-the-weight-of-the-evidence/

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   Should a new trial be granted based on newly discovered evidence?

   • A new trial, based on newly discovered evidence, should have been granted by the trial court. United States v. Piazza ¸ 647 F.3d 559 (5th Cir. 2011) The trial court acted within its discretion in granting the defendant’s motion for new trial based on the discovery of newly discovered evidence.

   New Trial / Newly Discovered Evidence - Casetext

   casetext.com/analysis/new-trial-newly-discovered-evidence

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   Can a fact-finder believe uncontradicted evidence?

   • A fact-finder is free to accept or reject all, part or none of the uncontradicted evidence. However, an appellate court, when reviewing a cold record, may grant a new trial if it determines that the jury should have believed the presented evidence. According to the majority.

   How Does An Appellate Court Find A Conviction Contrary To The Weigh…

   www.litigationandtrial.com/2012/04/articles/trial/contrary-to-the-weight-of-the-evidence/

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   What is “weight of the evidence” in civil litigation?

   • In civil litigation, the concept closest to 'weight of the evidence' is 'judgment notwithstanding the verdict,' which allows the trial court to overturn a jury's decision in favor of the losing party. However, this is a rare occurrence and the standard is extremely strict.

   How Does An Appellate Court Find A Conviction Contrary To The Weigh…

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   Should the government settle a case based on circumstantial evidence?

   • The government has a strong interest in settling the issue, since, as the law stands—at least in the Fourth Circuit—cases based entirely on inferences drawn from circumstantial evidence (such as most white-collar crimes) are susceptible to new trial determinations based solely on a district court disagreeing with the jury’s inferences.

   The Fourth Circuit Has the Most Liberal Rule 33 Interpretation

   news.bloomberglaw.com/us-law-week/the-fourth-circuit-has-the-most-liberal-rule-33-interpretation

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10. www.supremecourt.gov › DocketPDF › 20Supreme Court of the United States

    www.supremecourt.gov › DocketPDF › 20

    Oct 12, 2021 · idence, taken as a whole, points decisively against the verdict. Those Circuits – which include First, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuits – therefore hold that a district court may freely reweigh the evidence on Rule 33 review but may only disturb the verdict and actually order a new trial