California, United States of America
The following excerpt is from People v. Melson, B292679 (Cal. App. 2020):
By contrast, on a motion for new trial under section 1181, subdivision 6, "[t]he court extends no evidentiary deference . . . . Instead, it independently examines all the evidence to determine whether it is sufficient to prove each required element beyond a reasonable doubt to the judge, who sits, in effect, as a '13th juror.' [Citations.] If the court is not convinced that the charges have been proven beyond a reasonable doubt, it may rule that the jury's verdict is 'contrary to [the] . . . evidence.' [Citations.] In doing so, the judge acts as a 13th juror who is a 'holdout' for acquittal." (Porter v. Superior Court, supra, 47 Cal.4th at p. 133.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.