Legal Question in Appeals and Writs in Texas
I lost a "motion to suppress fruits of illegal detention" stating that officers lacked a reasonable articulate suspicion to detain the Defendant.
In regards to factual findings, if the appellate court demures to the trial court what are my chances on winning on appeal?
In my research and experience with my hearing traffic law was vague and slightly unspecific regarding the reason for pulling me over.
Aside from my chances with an appeal, if I went ahead and proceeded with an appeal on my own what does the appellate court "look" for when considering siding in my favor?
1 Answer from Attorneys
If the issue is strictly factual, which it sounds like it is, then the appellate courts demure completely to the trial court unless there is NO evidence to support the trial court's findings.
The appellate courts do not look to side with you ever. They look to uphold the ruling of the trial court, if possible.
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