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Home / Opinion Digests / Criminal Law / ‘Approbate and reprobate’ doctrine bars new trial review (access required)

‘Approbate and reprobate’ doctrine bars new trial review (access required)

Where appellant’s counsel agreed to the trial court’s erroneous conclusion that it lacked jurisdiction to consider motions for a new trial, the approbate and reprobate doctrine prevents appellant from taking an inconsistent position on appeal – that the trial court had jurisdiction – and prevents appellate consideration of the motions’ merits. Facts Appellant Nelson was convicted of ...