Skip to main content
· 9/1/1988

State v. Brita

Citations

  • 761 P.2d 1025
  • 158 Ariz. 121
  • 16 Ariz. Adv. Rep. 10
  • 1988 Ariz. LEXIS 140

How courts have described this case

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

  • stating that it is improper for an appellate court to consider an issue for the first time on appeal
  • noting that waiver is more appropriate for \fact-intensive\ issues based on \sound principles of judicial policy\
  • refusing to address suppression ruling on an alternative basis not litigated in superior court because hearing “might well have taken a decidedly different twist”
  • approving court of appeals decision which suppressed test result secured before arrest in violation of implied-consent statute
  • finding the state waived its opportunity to argue the applicability of a 3 statute on appeal because it never argued the applicability of the statute to the trial court
  • \It is particularly inappropriate to consider an issue for the first time on appeal where the issue is a fact-intensive one.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Moeller, Gordon, Feldman, Cameron, Holohan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.