Originally Posted by Upgraded!

I think perhaps there was some confusion over the role of an appellate court when they have original, as opposed to appellate, jurisdiction. Typically, in the case where they are serving as an appellate court, the only evidence they will consider is evidence as to the lower court's error. However in the case where they have original jurisdiction, they will hear evidence of the issue, though it sounds like it will be handled differently than if presented to a lower court with original jurisdiction (such as no jury).