The Journal of Appellate Practice and Process
Abstract
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.
Recommended Citation
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
(2000).
Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol2/iss2/13
