Legal Articles

Harmless Error

To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…

Stare Decisis, Precedent

Stare decisis — “to stand by things decided” — is a legal rule. The rule is that previous cases decided are binding or persuasive on courts deciding similar subsequent cases. The U.S. Supreme Court has held that the rule is of “fundamental importance,” promoting “stability, predictability, and respect for judicial authority.” Hilton v. South Carolina Public…

Explicit and Implicit Credibility

When arguing cases on appeal, it is virtually impossible to overturn a credibility determination made in the lower court. Indeed, appellate courts “defer to the trial court’s credibility determinations.” Federal Nat. Mortg. Ass’n v. Wilson, 409 S.W.3d 490, 494 (Mo. Ct. App. 2013). The reason for this deference is that lower courts in a better position…

Sub Silentio Opinions, Appeals

“Sub silentio” means “without notice being taken or without making a particular point of the matter in question.” Badahman v. Catering St. Louis, 395 S.W.3d 29, 49 fn 10 (Mo. 2013). This term is used to refer to the practice of appellate courts overturning cases without explicitly stating so. Although this is possible, it is…

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