FROM THE LIBRARY:
September 23, 2025
What are “standards of review,” and why do they matter?
Posted in FAQ - Appeals
Appellate court deference to a trial court’s decision is defined by the standard of review, which indicates the likelihood of an issue being successful on appeal.
- De novo review involves no deference, with the appellate court substituting its own judgment on pure legal questions.
- Abuse of discretion is a deferential standard applied to discretionary rulings (e.g., many evidentiary calls); these rulings stand unless deemed unreasonable.
- Competent evidence/clear error governs judicial fact findings. Appellate courts do not reweigh witness credibility under this standard.
- Sufficiency of the evidence asks whether any rational juror, viewing the evidence in the State’s favor, could have found all elements of the crime. Reversals are rare unless a legal element is missing.
- Plain error applies to unpreserved issues, requiring proof of an obvious error that likely affected the outcome of the case.