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Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
The Journal of Appellate Practice and Process
Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.