Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.
Robert C. Owen and Melissa Mather,
Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review,
2 J. App. Prac. & Process 411
Available at: http://lawrepository.ualr.edu/appellatepracticeprocess/vol2/iss2/13