Cited by
Opinions in Arizona that cite Reeves v. Markle, 579 P.2d 1382.
- Luyet v. Mariposa Landscape Ariz. Ct. App. Div. 1 2022
- Luyet v. Mariposa Landscape Ariz. Ct. App. Div. 1 2022
- Thompson v. Pham Ariz. Ct. App. Div. 1 2021
- Thompson v. Pham Ariz. Ct. App. Div. 1 2021
- Truck v. Teixidor Ariz. Ct. App. Div. 1 2021
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Truck v. Teixidor
Ariz. Ct. App. Div. 1 2021
¶ 8 (2017) ( ¶ 14 (2017)); (noting trial judges have "a special perspective of the relationship between the evidence and the verdict which cannot be recreated by a reviewing court from the printed record").
- Denitang v. Arizona Therapy Ariz. Ct. App. Div. 1 2020
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Denitang v. Arizona Therapy
Ariz. Ct. App. Div. 1 2020
Determining the credibility of witnesses and finding the facts is primarily the province of the jury, and a judge has no “vote in deciding the case, much less a vote equal to or greater than that of the jurors; but given the judge’s training, experience, and unique vantage point, the judge must have substantial latitude in overseeing the jury verdict.” Id.; (recognizing that we generally afford the trial court wide deference because “[t]he judge sees the witnesses, hears the testimony, and has a
- State v. Griego Ariz. Ct. App. Div. 1 2017
- State v. Griego Ariz. Ct. App. Div. 1 2017
- Michael Soto v. Anthony M Sacco 398 P.3d 90 Ariz. 2017
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Michael Soto v. Anthony M Sacco
398 P.3d 90
Ariz. 2017
Fischer, 242 Ariz. at 49 ¶ 14, 50 ¶ 19; (“[The trial judge] has a special perspective of the relationship between the evidence and the verdict which cannot be recreated by a reviewing court from the printed record.”); (noting that a trial judge, as an extra juror, “must be convinced that the weight
- State of Arizona v. Robert Fischer 392 P.3d 488 Ariz. 2017
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State of Arizona v. Robert Fischer
392 P.3d 488
Ariz. 2017
In 1757, Lord Mansfield wrote that “[t]rials by jury, in civil causes, could not subsist now, without a power, somewhere, to grant new trials.” (quoting Bright v. Eynon, 1 Burr.
- Wetherilt v. Moore Ariz. Ct. App. Div. 1 2017
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Wetherilt v. Moore
Ariz. Ct. App. Div. 1 2017
at 53, ¶ 12, 961 P.2d at 451 ( ).
- State v. Fischer Ariz. Ct. App. Div. 1 2015
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State v. Fischer
Ariz. Ct. App. Div. 1 2015
” in weighing the evidence and making credibility determinations “because ‘[t]he [trial] judge sees the witnesses, hears the testimony, and has a special perspective of the relationship between the evidence and the verdict which cannot be recreated by a reviewing court from the printed record.’” Cal X-Tra, 229 Ariz. at 403, ¶ 88 (citing Hutcherson, 192 Ariz. at 53, ¶ 12 ().
- State v. Hon. harris/mitchell Ariz. Ct. App. Div. 1 2014
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State v. Hon. harris/mitchell
Ariz. Ct. App. Div. 1 2014
‘The [fact finder] sees the witnesses, hears the testimony, and has a special perspective of the relationship between the evidence and the [decision] which cannot be recreated by a reviewing court from the printed record.’” ( )).
- Davis v. Bnsf Ariz. Ct. App. Div. 1 2014
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Davis v. Bnsf
Ariz. Ct. App. Div. 1 2014
¶17 The trial court has broad discretion to grant a new trial; the court has substantial latitude in deciding whether to upset the verdict because it has seen the witnesses, heard the testimony, and “has a special perspective of the relationship between the evidence and the verdict.” ¶ 12
- State of Arizona v. Steven John Parker 296 P.3d 54 Ariz. 2013
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State of Arizona v. Steven John Parker
296 P.3d 54
Ariz. 2013
We afford trial judges great discretion given their “special perspective of the relationship between the evidence and the verdict which cannot be recreated by a reviewing court from the printed record.” Reeves v. Markle, 119 Ariz. 159, 163
- Cal X-Tra v. W.V.S v. Holdings, L.L.C. 276 P.3d 11 Ariz. Ct. App. Div. 1 2012
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Cal X-Tra v. W.V.S v. Holdings, L.L.C.
276 P.3d 11
Ariz. Ct. App. Div. 1 2012
at 53, ¶ 12 , 961 P.2d at 451 ( , ); see also Morrison, 88 Ariz. at 262 , 355 P.2d at 901 (stating that the trial court “must of course have wide discretion because of [its] intimate relation to the trial and primary justice”).
- McBride v. KIECKHEFER ASSOCIATES, INC. 265 P.3d 1061 Ariz. Ct. App. Div. 1 2011
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McBride v. KIECKHEFER ASSOCIATES, INC.
265 P.3d 1061
Ariz. Ct. App. Div. 1 2011
-64 , -87 (1978); Tubbs, 155 Ariz. at 535 , 747 P.2d at 1234 ; Clifton, 134 Ariz. at 348 , 656 P.2d at 637 .
- Walsh v. Advanced Cardiac Specialists Chartered 258 P.3d 172 Ariz. Ct. App. Div. 1 2011
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Walsh v. Advanced Cardiac Specialists Chartered
258 P.3d 172
Ariz. Ct. App. Div. 1 2011
The fact finder “sees the witnesses, hears the testimony, and has a special perspective of the relationship between the evidence and the verdict which cannot be recreated by a reviewing court from the printed record.” ¶ 12 , ( , ).
- White v. Greater Arizona Bicycling Association 163 P.3d 1083 Ariz. Ct. App. Div. 2 2007
- Salt River Project Agricultural Improvement & Power District v. Miller Park, L.L.C. 164 P.3d 667 Ariz. Ct. App. Div. 1 2007
- Salt River Project Agricultural Improvement & Power District v. Miller Park, L.L.C. 164 P.3d 667 Ariz. Ct. App. Div. 1 2007
- Acuna v. Hampton And Kroack Ariz. Ct. App. Div. 2 2006
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Acuna v. Hampton And Kroack
Ariz. Ct. App. Div. 2 2006
See Hutcherson, 961 P.2d at 451; see also Orme Sch., 166 Ariz. at 310-11, 802 P.2d at 1009-10
- Hutcherson v. City of Phoenix 961 P.2d 449 Ariz. 1998
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Hutcherson v. City of Phoenix
961 P.2d 449
Ariz. 1998
“The judge sees the witnesses, hears the testimony, and has a special perspective of the relationship between the evidence and the verdict which cannot be recreated by a reviewing court from the printed record.” , see Creamer, 108 Ariz. at 575 , 503 P.2d at 796 (A court’s “ruling on additur, remittitur, and new trial, because of an inadequate or excessive verdict, will generally be affirmed, because it will nearly always be more soundly based than ours can be.”).
- State v. Curry 931 P.2d 1133 Ariz. Ct. App. Div. 1 1996
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State v. Curry
931 P.2d 1133
Ariz. Ct. App. Div. 1 1996
(“If expert witnesses could not rely on information gained through their study of scientific literature because of its hearsay nature, then it would be virtually impossible for any expert to evaluate the facts presented in any lawsuit, because nearly everything a person has learned te
- Smith v. Johnson 899 P.2d 199 Ariz. Ct. App. Div. 1 1995
- Smith v. Johnson 899 P.2d 199 Ariz. Ct. App. Div. 1 1995
- Martinez v. Schneider Enterprises, Inc. 873 P.2d 684 Ariz. Ct. App. Div. 1 1994
- Martinez v. Schneider Enterprises, Inc. 873 P.2d 684 Ariz. Ct. App. Div. 1 1994
- State v. Hamilton 868 P.2d 986 Ariz. Ct. App. Div. 1 1993
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State v. Hamilton
868 P.2d 986
Ariz. Ct. App. Div. 1 1993
Rule 803(18), Arizona Rules of Evidence
- Cotterhill v. Bafile 865 P.2d 120 Ariz. Ct. App. Div. 1 1993
- Cotterhill v. Bafile 865 P.2d 120 Ariz. Ct. App. Div. 1 1993
- Rosen v. Knaub 842 P.2d 1317 Ariz. Ct. App. Div. 1 1992
- Rosen v. Knaub 842 P.2d 1317 Ariz. Ct. App. Div. 1 1992
- Esplendido Apartments v. Metropolitan Condominium Ass'n 778 P.2d 1221 Ariz. 1989