What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
The Nebraska Supreme Court is the highest appellate court in the state of Nebraska when it comes to appellate law. It is the court of last resort in Nebraska, and it handles appeals from all lower courts. When it comes to a trial court’s decision to grant or deny a motion to suppress evidence, the appellate court’s scope of review is limited. The appellate court will usually not disturb the trial court’s decision unless it is determined that the trial court abused its discretion in granting or denying the motion. This means that the appellate court must determine whether it can find any reasonable basis in the record that supports the trial court’s decision. If the appellate court finds that the trial court acted reasonably in granting or denying the motion to suppress, then the trial court’s decision will be upheld. If, however, the appellate court determines that the trial court acted unreasonably, then it may overturn the decision and grant or deny the motion to suppress evidence.
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