PrincipleAPPELLATE PRACTICE — Failure to Consider Issue — Whether Denial of Fair Hearing
- Area of law
- APPELLATE PRACTICE
- Court
- Supreme Court
Denial of fair hearing automatically nullifies proceedings. Failure to consider an issue does not automatically nullify proceedings; the appellant must show miscarriage of justice. The distinction is crucial. The court examines whether the omitted issue was material. If the omitted issue would not have changed…
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