context: Johnson asserts that the jurors' findings on various "mitigating factors" are against the weight of the evidence, and thus, that she is entitled to a new trial, in the "penalty phase," if not in all phases, pursuant to Rule 33(a). Again, the court may grant a new trial even where there is substantial evidence to sustain the verdict, if the court nevertheless finds that the verdict is against the weight of the evidence.
citation_a.signal: see
citation_a.identifier: 391 F.3d 934, 934
citation_a.parenthetical: providing for a new trial "if the interest of justice so requires"
citation_a.sentence: See Dodd, 391 F.3d at 934. However, the court does not find that the jury’s findings on the challenged “mitigating factors” were either against the weight of the evidence or that a “miscarriage of justice” will occur if the jury’s findings are allowed to stand. See Fed.R.Crim.P. 33(a) (providing for a new trial “if the interest of justice so requires”); see also Campos, 306 F.3d at 579 (interpreting the “interest of justice” requirement for a new trial under Rule 33(a) to mean that a “miscarriage of justice” would otherwise occur).
citation_b.signal: see also
citation_b.identifier: 306 F.3d 579, 579
citation_b.parenthetical: interpreting the "interest of justice" requirement for a new trial under Rule 33(a) to mean that a "miscarriage of justice" would otherwise occur
citation_b.sentence: See Dodd, 391 F.3d at 934. However, the court does not find that the jury’s findings on the challenged “mitigating factors” were either against the weight of the evidence or that a “miscarriage of justice” will occur if the jury’s findings are allowed to stand. See Fed.R.Crim.P. 33(a) (providing for a new trial “if the interest of justice so requires”); see also Campos, 306 F.3d at 579 (interpreting the “interest of justice” requirement for a new trial under Rule 33(a) to mean that a “miscarriage of justice” would otherwise occur).