Phelan v. De Martin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing for consideration of general grounds where record reflected that trial court reviewed new trial motion only for legal sufficiency of the evidence
• reversing for consideration of general grounds where record reflected that trial court reviewed new trial motion only for legal sufficiency of the evidence
• vacating and remanding where trial court failed to apply the “thirteenth juror” standard in denying the defendant’s timely motion for new trial that properly raised the general grounds
• vacating denial of the motion for new trial, which motion raised the general grounds, and remanding for trial court to apply proper standard to the general grounds and to exercise its discretion and sit as a “thirteenth juror”
• where the trial court’s application of the 8 wrong standard indicates that it failed to apply its discretion, the trial court’s failure constitutes error
• even when evidence is legally sufficient to sustain conviction, trial judge must assess motion for new trial as a thirteenth juror using OCGA §§ 5-5-20 and 5-5-21

Source: CourtListener parenthetical corpus (CC0).