· 12/19/1961
Town of Daytona Beach Shores v. Foster
Citations
- 135 So. 2d 903
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming trial court's denial of new trial for after-discovered evidence \given the overwhelming remainder of the evidence inculpating Appellant\
- “This Court has repeatedly rejected the argument that an officer relying on statements from an ordinary citizen, in contrast to a police informant, must establish the citizen’s credibility and reliability.”
- A trial court should grant a motion for new trial on the ground of after-discovered evidence where producible and admissible evidence discovered after trial: (1) could not have been obtained prior to the end of trial with the exercise of reasonable diligence; (2
- “an appellate court does not substitute its judgment for the finder of fact and consider the underlying question of whether the verdict is against the weight of the evidence, but, rather, determines only whether the trial court abused its discretion in making its determination”
- “A weight of the evidence claim concedes that the evidence is sufficient to sustain the verdict, but seeks a new trial on the ground that the evidence was so one-sided or so weighted in favor of acquittal that a guilty verdict shocks one’s sense of justice.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sturgis, Wigginton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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