Can a defendant raise claims on appeal which he failed to raise before the court?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gonzalez, 16 F.3d 985 (9th Cir. 1994):

We reiterated in Flores-Payon that, absent certain exceptions, a defendant cannot raise claims on appeal which he failed to raise before the district court. Specifically in that case, the defendant attempted to argue that the district court sentenced him in excess of the sentence specified in his plea agreement, and that the prosecutor engaged in misconduct by recommending a sentence beyond the sentence in the plea agreement. Flores-Payon, 942 F.2d at 558. See also United States v. Edwards, 800 F.2d 878, 884 (9th Cir.1986) (defendant waived appeal of claim that he had an "implied plea bargain right" to be sentenced by same judge who accepted his plea, by failing to raise the issue before the district court).

Other Questions


In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Is a defendant's failure to raise in the trial court the claim that this act has been violated bars assertion of the issue on appeal? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Does a defendant who failed to challenge the error calculation at sentencing and on direct appeal waive the error by failing to challenge it on appeal? (MultiRegion, United States of America)
Is a legal issue first raised on appeal when the opposing party has failed to raise it in the trial court? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How have the courts dealt with the issue of whether a defendant has been successful in his claim that he has been denied justice by the Court of Appeal? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.