State v. Moats

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 that granting a new trial is the only remedy which will insure that the purpose and protection of the thirteenth juror rule is preserved.

FACTS

The defendant, Andrew Lee Moats, was indicted by…