"Same as it Ever Was":

By Eric Magnuson and Samuel Thumma

At a hypothetical trial, the only eyewitness testimony to the events in question is presented to the jury by video deposition. In that same hypothetical trial, the only other evidence that directly addresses key disputed facts is a video recording taken from a security camera showing an individual generally resembling the defendant in height and build, but which does not clearly show any facial features or other identifying characteristics. Assuming these pieces of evidence are properly admitted, on appeal, what is the appropriate standard of review to be applied to the factual determinations of the court or jury based on that evidence?