An appellate court cannot reverse the factual finding of the trial count unless:

A. The findings were erroneous
B. A petition to the US supreme Court is made.
C. The court of last resort weighs in.
D. The case has been remanded.

I am confused between A and C.

http://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-448.aspx

To determine which option is correct, we need to understand the role of an appellate court and the circumstances under which they can reverse factual findings.

An appellate court is responsible for reviewing the decisions made by trial courts to ensure that legal errors were not made during the trial process. This includes reviewing any legal interpretations or application of the law by the trial judge. However, appellate courts generally do not re-evaluate the factual findings made by the trial court, as the trial court is considered to be in the best position to assess witness credibility and weigh evidence.

That being said, there are situations when an appellate court can reverse factual findings. Let's examine the two options:

A. The findings were erroneous: This option is correct. If the appellate court determines that the trial court's factual findings were incorrect or based on an error, they can reverse those findings. To do so, they would identify the error made by the trial court, such as misinterpreting the evidence or applying the wrong legal standard, and overturn the factual determination based on that error.

C. The court of last resort weighs in: This option is incorrect. The "court of last resort" refers to the highest appellate court in a jurisdiction, typically the state's Supreme Court or the U.S. Supreme Court. However, even the court of last resort generally does not reverse factual findings made by a trial court unless there was a procedural error, an abuse of discretion by the trial court, or a violation of constitutional rights. The role of the court of last resort is primarily focused on reviewing legal issues and ensuring that the law was correctly applied, rather than reevaluating the factual determinations made by the trial court.

Therefore, the correct answer is A. An appellate court can reverse the factual findings of the trial court if it determines that those findings were erroneous.