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13 votes

Is a judge's completely arbitrary determination of credibilty subject to appeal?

First: see How is a judge to evaluate a witness's credibility? Appealability of credibility findings is extremely limited A fact-finder's determination of credibility is not an appealable issue ...
Jen's user avatar
  • 59.7k
9 votes

Is Trump now a felon even if he appeals?

Yes Common law jurisdictions allow a sort of legal time travel. Right now, Trump is a felon. If he succeeds in his appeal he will not be a felon and he never was one. However, at the time I said he ...
Dale M's user avatar
  • 213k
8 votes
Accepted

Can you cite parts of a case if the core issues in the case were later overruled?

united-states Can I cite the decision for the purposes of Issue S alone, even though the overall decision was overruled? Yes. This is done routinely, even by the courts themselves in their opinions. ...
ohwilleke's user avatar
  • 221k
7 votes

Is a judge's completely arbitrary determination of credibilty subject to appeal?

Findings of fact are generally not appealable* * - as long as they are not obviously unreasonable. A finder of fact - be it judge or jury - is allowed to weigh credibility as they see fit as long as ...
Trish's user avatar
  • 40.5k
5 votes
Accepted

In legal briefs, do lawyers ever point out that opposing counsel were also counsel on cited cases?

It happens. It is generally considered to be in poor taste as an ad hominem argument. It would rarely help your case to say so. The only time it would really help your case is if the other side, for ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

Can you appeal a decision if the judge based it on subjective and unclear testimony?

On appeal, a judge's decision will be upheld if the findings of fact made by the judge have any support from admissible evidence presented at trial, or if a reasonable inference from that admitted ...
ohwilleke's user avatar
  • 221k
1 vote

Can a fact-finders decision, based on an inference from testimony, be appealed?

A judge's findings of fact can only be successfully appealed if the finding of fact has no support in the trial court record, including any reasonable inferences from the trial court record. If an ...
ohwilleke's user avatar
  • 221k

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