Section 1.14 Critical Point

• Library: App Ct Prac 2015 Supp

c. (§1.14) Critical Point

The appellate attorney is stuck with the facts as they appear in the record. This situation is to be contrasted with that of the trial lawyer who is considering trying a case. There, the facts may be developed—or they may not. Documents may be admitted—or they may not. The proof then is uncertain, even speculative. Evaluation of the case is much more difficult.

Now, on appeal, evaluation is more...