How will the Court of Appeal consider a claim made for the first time?
MultiRegion, United States of America
The following excerpt is from U.S. v. Conkins, 9 F.3d 1377 (9th Cir. 1993):
Sandvig did not raise this issue below. "As a general rule, we will not consider an issue raised for the first time on appeal." United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991). However, because this issue presents a pure question of law, we can and do reach it. See id. (court of appeals will consider an issue raised for the first time on appeal when "the issue presented is purely one of law").
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