Under what circumstances will the Court of Appeal consider issues raised for the first time on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Patrin, 575 F.2d 708 (9th Cir. 1978):
5 Singleton v. Wulff, supra, 428 U.S. at 121, 96 S.Ct. 2868, suggests that there may be other circumstances under which an appellate court should consider issues raised for the first time on appeal. But the government has not pointed out any such circumstances to us, nor do we perceive any.
6 We thus have no occasion to express approval or disapproval of the decision in United States v. Tijerina, 407 F.2d 349 (10th Cir.), cert. denied, 396 U.S. 843 & 867, 90 S.Ct. 76, 24 L.Ed.2d 93 (1969).
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