instructions. it's the best chance for appeal. you may also see appeals based on evidence that came in. look for the defense to challenge the age of the evidence, the staleness of it so to speak. but any number of things you can see that they will at least appeal on. but the challenge is that an appeals court doesn't look at the faxual evidence with fresh eyes. they really only look to see if there's been an abuse of discretion by the trial court. that's a very difficult standard to meet, and most appeals statistically are not likely to succeed. >> danny cevallos, happy new year to you. we'll certainly see you in early 2022. thanks for being here today. the united states broke its record for new daily covid cases for a second day in a row. according to data from "the new york times," more than 488,000 new cases were reported yesterday, bringing the seven-day average to 301,000. those are huge numbers. officials say the numbers may actually be higher than reported