· 7/6/2017
Jeffrey Paul Howe v. City of Enterprise
Citations
- 861 F.3d 1300
- 2017 WL 2871511
- 2017 U.S. App. LEXIS 12038
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding issues must be raised in trial court and parties will be held to theory upon which case was presented
- observing that application of the right-result-wrong-theory rule requires preservation of arguments supporting application of the correct legal theory
- ruling State has burden to demonstrate warrantless search fell within well-recognized exception to warrant requirement or was otherwise reasonable under circumstances
- finding the State argued consent below and therefore the plain-view doctrine argument not preserved on appeal
- explaining the term standing as “shorthand for the question [of] whether the moving party had a legitimate expectation of privacy . . . .” (citation omitted)
- explaining the term standing as “shorthand for the question [of] whether the moving party had a legitimate expectation of privacy . . . .” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Carnes, Hull, Per Curiam, Wilson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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