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  1. #11

    Default Re: What Does an Appellate Court Do

    thanks Deputy, sorry in my slow response. So the Trial Court can be vague in finding me guilty and the Appellate Court should make reasonable inferences of fact to support that.,. Makes sense for maintainig Status Quo. But my question really relates to the Appellate's review of the Trial Court's inferences. At trial, I felt the burden was on the state to prove elements of the offense but it turned out that the judge made one huge leap of faith in infering intent (one of the elements). I was hoping that Mr. Knowitall's comment ment that in Trial, I was the non-moving party and the Appellate Panel should have had a problem with the Trial Court making inferences against my favor.

  2. #12
    Join Date
    Jan 2006
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    Default Re: What Does an Appellate Court Do

    Quote Quoting garyS-NJ1
    View Post
    I was hoping that Mr. Knowitall's comment ment that in Trial, I was the non-moving party and the Appellate Panel should have had a problem with the Trial Court making inferences against my favor.
    that is in regards to the appeal only where you are the moving party.

  3. #13

    Default Re: What Does an Appellate Court Do

    OK thanks! so to be clear. In the Appeal, I am the moving party and the Appellate Court is right in making reasonable inferences in favor of the State (to affirm). But back during the Trial, I was the non-moving party so the trial court should not make reasonable inferences aginst me??? I think in trial, I am presumed innocent until proven guilty but the Trial Judge as finder of fact is allowed to make reasonable inferences. My problem is that my Trial Judge made an inference and then considered his on inference as a basic fact showing evidence of one element of the offense. I'm sure this is wrong but haven't been able to find the applicable case law or court rule. In the Appellate Court, I need to say exactly what error the Trial Court made and state the basis of that error (statute, case law, or court rule). hey, thanks again guys and anything else you have is much appreciated..

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