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.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment