Taylor v. Wheeler

I concur. The Alabama Supreme Court has held that “[djenying, and to a more limited extent granting, a motion for new trial is within the sound discretion of the trial court.” Carter v. Henderson, 598 So.2d 1350, 1354 (Ala. 1992). When a motion for a new trial is based on the trial judge’s perception of the weight of the evidence and not on procedural or substantive errors or irregularities, the trial court’s discretion is. more limited, and, if such a motion is granted/ our greatest deference should be in favor of the jury’s verdict.

In Shows v. Jamison Bedding, Inc., 671 F.2d 927, 930 (5th…