Principle

APPELLATE PRACTICE β€” Concurrent Findings β€” Where Trial Court’s Reasons for Preferring Evidence are Faulted β€” Proper Order is Retrial

Area of law
APPELLATE PRACTICE
Court
Supreme Court

When a trial court's reasoning for preferring evidence is flawed, the appellate court may order a retrial rather than making its own findings. The principle applies where credibility assessment is involved. The appellate court lacks the advantage of seeing witnesses. A retrial allows a fresh…

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