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Kyle Rittenhouse’s trial is seeing a good bit of attention lately, not only for the crimes of which he is accused, but also because of a recent ruling that stops prosecutors from referring to the people he shot as victims.
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Reversible error has four, interdependent elements, each of which must be proven to net a favorable judgment on appeal. An appellant’s failure to prove any element forecloses relief.
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The job of appellant’s counsel is to represent the appellant’s interests. Which means determining what arguable errors (issues) in a case are most likely to net the appellant a favorable judgment from the appellate court.
An appellate lawyer is a writer, a strategist, a researcher, a consultant. But in the end, an appellate lawyer’s skillset boils down to the art of proving or refuting reversible error.
