This case has been cited 1 times or more.
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2014-07-02 |
LEONEN, J. |
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| On the other hand, mistake as used in Rule 38 means mistake of fact and not mistake of law.[82] A wrong choice in legal strategy or mode of procedure will not be considered a mistake for purposes of granting a petition for relief from judgment.[83] Mistake as a ground also "does not apply and was never intended to apply to a judicial error which the court might have committed in the trial [since] such error may be corrected by means of an appeal."[84] | |||||