Arizona Supreme Court

State of Arizona v. Robert Fischer

April 17, 2017

Summary

The court held that a trial judge may independently weigh the evidence and assess witness credibility when deciding whether a criminal verdict is contrary to the weight of the evidence and warrants a new trial. Appellate review is deferential: the reviewing court must determine whether substantial evidence supports the trial court's ruling rather than reweighing the evidence or deciding whether the jury verdict was supported. Because substantial evidence supported the trial court's determination that the murder verdict was contrary to the weight of the evidence, the court affirmed the order granting a new trial and vacated the conflicting portion of the intermediate appellate decision.