In ruling on a motion for a new trial, “the trial judge who heard the trial evidence, sits as the ‘thirteenth juror’ to determine whether a fair trial requires that the [additional evidence] be made available to the jury.” (some quotation marks omitted)
How later courts described this case
- In ruling on a motion for a new trial, “the trial judge who heard the trial evidence, sits as the ‘thirteenth juror’ to determine whether a fair trial requires that the [additional evidence] be made available to the jury.” (some quotation marks omitted)
- "[W]here, as here, there are claims ... that, if believed, would warrant relief, a final determination can be made only after an evidentiary hearing — as with any other case where a material fact, grounded on credibility, must be established.”
- “Any potential for suggestivity was outweighed by the promptness of the show-up, which took place about one hour and fifteen minutes after the robbery.”
- hour and fifteen minutes
Written by the judges who cited it.
The opinion
REID, Associate Judge,
concurring.
I fully appreciate Judge Farrell’s reluctance to remand Mr. Hilton’s case for further consideration by the trial judge who ably handled a challenging co-defendant trial. I believe that Judge Ruiz is correct, however, that this disposition is directed by our case law. In the final analysis, the concept of a “fair trial” compels us to take what, at first blush, appears to be an unnecessary step. But, we are required to ensure that fear and intimidation did not contribute to Mr. Hilton’s conviction. Thus, I join Judge Ruiz’s disposition of Mr. Hilton’s case without hesitation.