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PEOPLE v. LEMMON

Docket No. 105850, Calendar No. 2.

576 N.W.2d 129 (1998)

456 Mich. 625

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Joseph Charles LEMMON, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 24, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, for People.

State Appellate Defender by P.E. Bennett, Detroit, for Defendant-Appellee.

Opinion

BOYLE, Justice.

We granted leave to appeal to address whether the trial court erred in granting defendant's motion for a new trial on the basis that the great weight of the evidence standard established in People v. Herbert, 444 Mich. 466, 476, 511 N.W.2d 654 (1993), permitted the trial judge to act as a "thirteenth juror." Insofar as it authorizes judges to grant new...

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