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Evidence exclusion, insufficient evidence, ineffective representation by counsel, and prosecutorial misconduct are the 4 most common reason for appeal.
What is the strongest type of ground for appeal?
The strongest type of ground for appeal is a legal error, because the appellate court does not have to give any weight to what the trial court judge did. The appellate court will examine the law that was supposed to be applied and determine whether or not the trial court judge erred.
A "legal error" occurs when the judge in your case applies the incorrect rule or "legal standard" to the facts of your case. This can happen if a trial court in your state did not follow the statute or case law that was supposed to apply in your case's circumstances.
In custody cases, for example, a judge must determine what is best for the child. Most states have laws requiring certain factors to be considered, which are commonly referred to as "best interests factors." If one of those factors is whether or not a parent has committed domestic violence, but the trial judge disregards domestic violence evidence in making the custody decision, you may have grounds to appeal based on a legal error.
Hence, Evidence exclusion, insufficient evidence, ineffective representation by counsel, and prosecutorial misconduct are the 4 most common reason for appeal.
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