Alvelo v. State
288 Ga. 437
| Ga. | 2011Background
- Alvelo was convicted of malice murder and related offenses for the death of Walter Cooper.
- He timely moved for a new trial asserting the verdict was against the weight of the evidence.
- The trial court declined to consider witness credibility, stating the court would not usurp the jury's function.
- The court treated weight-of-evidence review as exclusive to the jury, not allowing a thirteenth-juror analysis.
- Georgia precedent allows a court to weigh the evidence and witness credibility on a new-trial motion when the verdict is against the weight of the evidence, under cautious scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly weighed the evidence | Alvelo urged weight-of-evidence review (thirteenth juror). | Court should not weigh credibility; jury weighs it. | Remanded for proper weight review |
| Whether the erroneous standard requires vacating and remanding | Trial court erred by not applying the weight standard. | Standard applied was correct. | Vacate and remand for proper standard |
Key Cases Cited
- Ricketts v. Williams, 242 Ga. 303 (1978) (weights and credibility review on motion for new trial)
- Drake v. State, 241 Ga. 583 (1978) (court may assess weight/credibility on new-trial motion)
- State v. Jones, 284 Ga. 302 (2008) (remand when improper standard applied to new-trial motion)