Happy New Year, everyone! In honor of which: a bonus post. Here is an article I recently published on common misconceptions regarding the standards of review. The gist: appellate counsel should never blindly rely on general rules as to the applicability of certain standards of review to certain situations. The standard of review is a mercurial creature, and knowledge of its fluid nature can be advantageous when understood, but detrimental when ignored. This article examines how knowledge of the principles behind standards of review can be used to argue for a more favorable standard, or ignored at the risk of arguing within the wrong standard.
Getting to De Novo: How Misunderstanding the Standards of Review Can Hurt Your Case on Appeal
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