Principle

APPELLATE PRACTICE – Interference with Findings of Fact – When Appellate Court May Interfere

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Appellate courts defer to trial court findings on witness credibility. Interference requires that the trial judge failed to use his advantage. The appellate court will not re-evaluate evidence. The principle applies to both civil and criminal appeals. The appellant must show that the findings are…

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