Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review
Authors
Robert C. Owen
Melissa Mather
Abstract
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.
Owen,
R & Mather,
M.
(2000) 'Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review',
Journal of Appellate Practice and Process.
2(2)
:411-434.
Owen,
R & Mather,
M.
Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review. Journal of Appellate Practice and Process. 2000 7;
2(2)
:411-434.
Owen,
R
& Mather,
M.
(2000, 7 1). Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review.
Journal of Appellate Practice and Process
2(2)
:411-434.