State v. Moats

Decided 1995-09-11

Cited by 200 later decision(s) in our corpus · see the citation network in Lexace

Open in Lexace · Ask the AI about this case

From the opinion

OPINION ANDERSON, Chief Justice. We granted this appeal to decide the proper remedy when an appellate court determines that a trial court has failed to perform its function as the “thirteenth juror.” Historically at common law, the only remedy was an automatic reversal and new trial. Another option is a remand to the trial court with instructions to perform its duty as the “thirteenth juror.” We conclude…

Read the full opinion (source) ↗


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.