· 3/16/2016
Commonwealth v. DeBlase, J., Pet
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “application of an unconstitutional statute” would result in a miscarriage of justice
- holding that 14 Case: 19-11436 Date Filed: 03/11/2020 Page: 15 of 15 party did not waive argument because, “more significant[ly],” the “proper resolution” of the matter was “clear as a bell”
- exercising discretion to consider an issue not raised in the district court where “the proper resolution of th[e] matter [was] as clear as a bell to us”
- “[A]n issue not raised in the district court and raised for the first time in an appeal will not be considered by this court.”
- “[T]he legislature need not have actually been motivated by the rational reason presented to the court . . . .”
- “As a general rule, an issue not raised in the district court and raised for the first time in an appeal will not be considered by this [C]ourt.” (quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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