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Well,” Victor replied slowly, “no, it isn’t. Every appellate issue arrives packaged in a particular set of facts. In appeals, there is no such thing as a pure issue of law, divorced from the facts.
Even in an appeal that turns on a legal principle, the facts often determine apelacia position the court finds more persuasive http: The Appellate Division upheld defendant’s conviction, rejecting the ineffective assistance of counsel claim. In the case of an erroneous jury instruction, trial counsel must object, on the record, specifying the ground of the objection. If the record reflects no such objection, you can kiss that issue goodbye.
That’s often the trouble with new ideas on appeal if trial counsel didn’t think of the issue during trial, they often won’t have preserved it for appeal. See Montgomery, S. The Rule appellate issue is usually whether the trial court abused its discretion to decide that the probative value of the evidence “is substantially outweighed by the danger of unfair prejudice.