What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?

An appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence is limited. In Kansas, an appellate court will only look at the evidence presented in the record and determine if the trial court’s decision was arbitrary, unreasonable, or unsupported by substantial competent evidence. The appellate court will not second-guess the trial court’s credibility assessments, and it will not re-weigh the evidence. The Kansas appellate court will also consider any legal errors made by the trial court when deciding the motion to suppress evidence. An error of law is a mistake in the legal process, such as an incorrect application of a statute or misinterpretation of a previous court decision. If the appellate court finds an error of law, it can then decide to overturn the trial court’s decision. Once the appellate court has reviewed the record, it may affirm, reverse, or modify the trial court’s decision. If it decides to uphold the trial court’s decision, the evidence will be useable in the case. If it overturns the decision, the evidence will not be admissible in court. The appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence is limited, as it cannot re-weigh the evidence or decide issues of credibility.

Related FAQs

What types of appellate arguments are available?
What is the process for obtaining an appellate court review of a trial court’s decision?
Are there any deadlines or limitations periods for filing an appeal?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
What is the scope of review for an appellate court?
How can I present my arguments to an appellate court?
What is the procedure for requesting an en banc hearing?
What are the consequences of an appellate court’s decision?
What kind of relief can be sought from an appellate court?
What is the difference between trial and appellate courts?

What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?

Related FAQs

Related Blog Posts