Legal Opinion

State of Arizona v. Robert Fischer

Arizona Supreme Court

Decided April 17, 2017No. CR-15-0380-PRPublishedCited by 31 opinions

1Opinion of the Court

JUSTICE BRUTINEL,

opinion of the Court:

¶ 1 A jury found Robert Fischer guilty of second degree murder. But the trial court, under Arizona Rule of Criminal Procedure (“Rule”) 24.1(e)(1), determined that the verdict was contrary to the weight of the evi dence and granted a new trial. Independently reexamining the evidence, the court of appeals concluded that the trial court erred by granting a new trial. We hold that the court of appeals exceeded the proper scope of deferential appellate review by independently reweighing the evidence rather than determining if substantial evidence supported the…

2Cases cited34 opinions

  1. State v. WestArizona Supreme Court · 2011
  2. Hutcherson v. City of PhoenixArizona Supreme Court · 1998
  3. Ruth v. RhodesArizona Supreme Court · 1947
  4. Butane Corporation v. KirbyArizona Supreme Court · 1947
  5. State v. BoggsArizona Supreme Court · 2008

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3Cited by31 opinions

  1. Michael Soto v. Anthony M SaccoArizona Supreme Court · 2017
  2. State v. GrantCourt of Appeals of Utah · 2021
  3. Ahmad v. StateCourt of Appeals of Arizona · 2018
  4. State of Arizona v. Darren Lee WinegardnerArizona Supreme Court · 2018
  5. Reyes v. GilbertCourt of Appeals of Arizona · 2019

26 more not listed; retrieve them via the Exa API.

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