Appeal and Error

A rehearing is not a matter of right, but is a privilege granted at the discretion of the appellate court. Tuaolo v. Fruean, 1 ASR3d 6 (1997).

The decision of an appellate court will stand unless the petitioner can present an argument demonstrating that the appellate court "overlooked or misapprehended" particular "points of law or fact." A.C.R. 40. Tuaolo v. Fruean, 1 ASR3d 6 (1997).

The findings of the trial court may not be set aside by the appellate court unless clearly erroneous. Pule v. ASG, 1 ASR3d 8 (1997).

Generally, when counsel fails to make a timely objection to some purported trial error there must be a showing of plain error to afford a basis of reversal. Pule v. ASG, 1 ASR3d 8 (1997).

“[P]lain error” means “errors or defects affecting substantial rights” of the defendant. T.C.R.Cr.P Rule 52(b). Pule v. ASG, 1 ASR3d 8 (1997).

A trial court has wide latitude and discretion in supervising the time limits, the scope, and the extent of argument and summation. A trial court’s decision on this matter is subject to review for abuse of discretion. Pule v. ASG, 1 ASR3d 8 (1997).