Armbruster v. Horowitz

OPINION

Justice CASTILLE.

The issue in this appeal is whether an appellate court may review a properly preserved weight of the evidence claim *4where the judge who presided over the trial resigned from the bench without ruling on the claim. For the following reasons, we hold that this circumstance is an exception to the general rule that an appellate court may not review a weight of the evidence claim in the first instance, and that the Superior Court properly denied appellants’ weight claim on the merits. Accordingly, we affirm the Superior Court order, which affirmed the judgment in favor of…