A trial court judge’s authority to act as an all-powerful “13th juror” should be treated with high deference by appellate courts and the resulting decision overturned only in the rarest of cases, the California Supreme Court ruled Monday.

“The trial court sits much closer to the evidence than an appellate court,” Justice Janice Rogers Brown wrote for the unanimous court. “The trial court, therefore, is in the best position to assess the reliability of a jury’s verdict, and, to this end, the Legislature has granted trial courts broad discretion to order new trials.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]