The Ivie Trap: Mixed Questions of Fact and Law

Daniel R. Schramm, L.L.C.
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The Missouri Supreme Court holds that an appellant no longer can combine a substantial-evidence challenge, a weight-of-the-evidence challenge, and a misapplication -of-law challenge in a single point. These three challenges must appear in separate points to be preserved for review. This article confronts the troubling question of what to do when a claim on appeal presents a mixed question of fact and law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Daniel R. Schramm, L.L.C.

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