abuse of discretion____ test (Pennsylvania) · Go Syfert
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abuse of discretion____ test in Pennsylvania

9 Pennsylvania opinions name it 2 courts 1984–1991 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Commonwealth v. Taylorgreen
pa · 1984 · cited in 8 Pennsylvania opinions naming this issue, 1984–1991
2 sentences

1991We stated in Commonwealth v. Taylor, 324 Pa.Super. 420, 425 , 471 A.2d 1228, 1230 (1984): Whether a new trial should be granted on grounds that the verdict is against the weight of the evidence is ad dressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.

1991We stated in Commonwealth v. Taylor, 324 Pa.Super. 420, 425 , 471 A.2d 1228, 1230 (1984): Whether a new trial should be granted on grounds that the verdict is against the weight of the evidence is ad dressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.

78
Commonwealth v. Samplegreen
pa · 1983 · cited in 2 Pennsylvania opinions naming this issue, 1984–1988
2 sentences

1988Whether a new trial should be *353 granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.’ Commonwealth v. Taylor, 324 Pa.Super. 420, 425 , 471 A.2d 1228, 1229-30 (1984); accord, Commonwea

1988Whether a new trial should be *353 granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.’ Commonwealth v. Taylor, 324 Pa.Super. 420, 425 , 471 A.2d 1228, 1229-30 (1984); accord, Commonwea

22
Commonwealth v. Millergreen
pa · 1982 · cited in 2 Pennsylvania opinions naming this issue, 1984–1988
2 sentences

1988Whether a new trial should be *353 granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.’ Commonwealth v. Taylor, 324 Pa.Super. 420, 425 , 471 A.2d 1228, 1229-30 (1984); accord, Commonwea

1988Whether a new trial should be *353 granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way but whether the verdict is so contrary to the evidence as to make the award of a new trial imperative so that right may be given another opportunity to prevail.’ Commonwealth v. Taylor, 324 Pa.Super. 420, 425 , 471 A.2d 1228, 1229-30 (1984); accord, Commonwea

22
Commonwealth v. Whitemangreen
pa · 1984 · cited in 4 Pennsylvania opinions naming this issue, 1986–1991
2 sentences

1986The applicable standard of review for such issues has been articulated by this court in Commonwealth v. Whiteman, id., 336 Pa.Superior Ct. at 125, 485 A.2d at 462 , 4 as follows: Whether a new trial should be granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way *435 but whether the verdict is so contrary to the evidence as to make the award of a

1986The applicable standard of review for such issues has been articulated by this court in Commonwealth v. Whiteman, id., 336 Pa.Superior Ct. at 125, 485 A.2d at 462 , 4 as follows: Whether a new trial should be granted on grounds that the verdict is against the weight of the evidence is addressed to the sound discretion of the trial judge, and his decision will not be reversed on appeal unless there has been an abuse of discretion____ The test is not whether the court would have decided the case in the same way *435 but whether the verdict is so contrary to the evidence as to make the award of a

14
Commonwealth v. Purcellgreen
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See also, Commonwealth v. Whiteman, 336 Pa.Super. 120 , 485 A.2d 459 (1984). 2 As recently as Commonwealth v. Purcell, 403 Pa.Super. 342 , 589 A.2d 217 (1991) we held that our role in reviewing the weight of the evidence is limited and the determination whether to grant a new trial on the grounds that the verdict is against the weight of the evidence rests within the discretion of the trial court whose decision will not be disturbed in the absence of an abuse of discretion.

1991See also, Commonwealth v. Whiteman, 336 Pa.Super. 120 , 485 A.2d 459 (1984). 2 As recently as Commonwealth v. Purcell, 403 Pa.Super. 342 , 589 A.2d 217 (1991) we held that our role in reviewing the weight of the evidence is limited and the determination whether to grant a new trial on the grounds that the verdict is against the weight of the evidence rests within the discretion of the trial court whose decision will not be disturbed in the absence of an abuse of discretion.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

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