One Minute Matters [Video]: Can You Wait Until Appeal To Raise A Legal Challenge? (With Erik Silber)

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The Ninth Circuit just changed the game for criminal appeals, and it could impact how defense lawyers handle trials and sentencing going forward.

United States Litigation, Mediation & Arbitration

Erik M. Silber

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The Ninth Circuit just changed the game for criminal appeals, and it could impact how defense lawyers handle trials and sentencing going forward.

In a significant en banc decision, the Court eliminated its longstanding exception that allowed defendants to raise purely legal issues on appeal even if they weren't preserved. Here's what United States v. Gomez could mean for strategy in the Ninth Circuit:

All unpreserved issues now face plain-error review
Even correct legal arguments may not save you on appeal
Trial lawyers must preserve every objection
The days of relying on appellate "clean-up" are over

If you're litigating in the Ninth Circuit, this ruling raises the stakes for how you build your record.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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One Minute Matters [Video]: Can You Wait Until Appeal To Raise A Legal Challenge? (With Erik Silber)

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Litigation, Mediation & Arbitration

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United States