Thursday, August 25, 2016

Reversing Evidentary Ruling

Reversing an evidentiary ruling on appeal is hard.  However, it can be done.  The admission of evidence is reviewed for abuses of discretion.  Burton v. State, 875 So.2d 1120, 1122 (¶6) (Miss.Ct.App.2004).   In other words, the Appellate Court will not disturb a trial court's decision unless it is clearly wrong.  Id.  However, the Appellate Court will find an abuse of discretion if a party shows clear prejudice resulting from an undue constraint on his or her own case or an undue lack of constraint on the opposing party.  Id.

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