Section 1.13 Presumptions on Appeal

• Library: App Ct Prac 2015 Supp

b. (§1.13) Presumptions on Appeal

The appellate court presumes that the trial court functioned fairly and competently. That is, on appeal, the judge and the jury are given the benefit of the doubt, so to speak.

The appellate court certainly does not begin with the appellant’s sentiment that, if that party lost, something must be wrong. On the contrary, the appellate court starts with the presumption that the trial judge did what he or she should have done. Appellate judges understand the pressures of the...