COHEN

v.

ILLINOIS INSTITUTE OF TECHNOLOGY ET AL.

Citator

Cited By (25 total)

• Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
  …ional juror. It follows that a finding by the trial judge that the verdict is against the weight of the evidence is not a finding that the evidence is legally insufficient. See Ricketts v. Williams, 242 Ga. 303, 248 S.E. 2d 673 (1978), cert. denied, 439 U.S. 1135, 99 S.Ct. 1059, 59 L.Ed.2d 97 (1979). . See, e. g., Chaudoin v. State, 362 So. 2d 398 (Fla.2d DCA 1978) (weight and credibility solely within province of jury; appellate court’s only function to determine sufficiency as a matter of law); Abbott v.…
• Kelley v. State, 637 So. 2d 972 (Fla. 1st DCA 1994)
  …ional juror. It follows that a finding by the trial judge that the verdict is against the weight of the evidence is not a finding that the evidence is legally insufficient. See Ricketts v. Williams, 242 Ga. 303, 248 S.E. 2d 673 (1978), cert. denied, 439 U.S. 1135, 99 S.Ct. 1059, 59 L.Ed.2d 97 (1979). (End of footnote) ] 397 So. 2d at 1123. After reviewing a number of Florida appellate decisions involving reversal of convictions because the verdicts were contrary to the weight of the evidence or the evidence…
• Rufino Guebara v. State, 856 So. 2d 1087 (Fla. 5th DCA 2003)
  …ional juror. It follows that a finding by the trial judge that the verdict is against the weight of the evidence is not a finding that the evidence is legally insufficient. See Ricketts v. Williams, 242 Ga. 303, 248 S.E. 2d 673 (1978), cert. denied, 439 U.S. 1135, 99 S.Ct. 1059, 59 L.Ed.2d 97 (1979). Id. at 1123 n. 9. We recently addressed this same issue in Moore v. State, 800 So. 2d 747 (Fla. 5th DCA 2001). In Moore, the defendant appealed the trial court’s order denying his motion for a new trial which…