Commonwealth v. Bowler

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to apply clairvoyance exception where rule sought to be applied retroactively was “logical extension” of rule announced in case decided prior to defendant’s trial
• reaching issue of waiver only after assuming that new rule did apply retroactively to case before it
• no review where failure to preserve issue not excused and “no substantial risk of a miscarriage of justice” existed
• “ argument not supported by reasoned argument or citation . . . does not constitute proper appellate argument”
• defendant “fairly on notice” of issue in spite of the fact that later case deciding that issue “is considered ‘new’ for the purpose of retroactivity analysis”
• conclusory statement not supported by citation of authority does not rise to level of appellate argument

Source: CourtListener parenthetical corpus (CC0).