People v. Lemmon

We granted leave to appeal to address whether the trial court erred in granting defendant’s motion for a new trial on the basis that the great weight of the evidence standard established in People v Herbert, 444 Mich 466, 476; 511 NW2d 654 (1993), permitted the trial judge to act as a “thirteenth juror.” Insofar as it authorizes judges to grant new trial motions on the basis of a disagreement with juror assessment of credibility, Herbert is overruled. A trial judge does not sit as the thirteenth juror in ruling on motions for a new trial and may grant a new trial only if the evidence…