Actually a court of appeals cannot decide that.A court of appeals can only decide whether or not the trialcourt correctly followed procedures and existing legal precedence.It is entirely possible for procedures and legal precedence to becompletely unfair (they have been many times) but if the trialcourt properly followed them, the court of appeals must support thetrial court's decision.If the court of appeals decides that the trial court failed tofollow procedures and/or existing legal precedent, then the casemust be retried in a trial court.