What is the standard of review for an appellate court’s interpretation of a statute?
In Indiana, the standard of review for an appellate court’s interpretation of a statute is de novo, which means the court has complete freedom to make its own independent determination of the meaning of the disputed statute. The appellate court’s decision has the same effect as the statute’s original language, not necessarily the interpretation of the lower court. When interpreting a statute, the court is required to apply the principle that all persons must be treated equally under the law. Appellate courts will also consider prior cases that interpreted a similar statute, as well as previous interpretations by other appellate courts. This includes cases from other jurisdictions, as long as those interpretations are found to be in line with the current court’s interpretation of the statute. The appellate court must look at the statute as a whole in order to determine its meaning. They are not supposed to consider any single word or phrase in isolation, nor any argument put forward by one of the parties. Instead, the court is to consider the overall intent of the law and give it a reasonable construction. Finally, the appellate court is only to consider evidence that was admitted in the lower court. This includes any testimony, documents, or other evidence that was accepted by the court. The appellate court is not to consider any new evidence that was not presented in the lower court.
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