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Justice Thomas refused to permit the appeal to be filed on the grounds that the trial court record was incomplete, which only included the judge's ruling.
Prior to this, the power to review lower court rulings was vested in the General Assembly, which determined appeals by examining trial court records.
Currently the Auditorium is used to house Massachusetts State Trial Court records and a small after-school program.
But the appeals court said that the trial court record had reflected "a legitimate independent source of information" for everything Officer Briseno cited in his testimony.
The questions, in the first of two days of oral arguments, indicated that the appeals judges had intensely scrutinized the voluminous trial court record and had become well versed in the technical aspects of the case.
Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in the trial court record.
In October 2010, Prosser indicated that he supported limiting free online access to Wisconsin trial court records because the information can be misused by employers and landlords, saying, "Some people are actually innocent, and they shouldn't be disadvantaged forever" by the online records.