U.S. Court of Appeals for the Tenth Circuit in Denver, CO. Credit: Google Tenth Circuit Warns Against Ignoring Procedural Rules in Declining to Reach the Merits of a Criminal Appeal
A recent Tenth Circuit opinion underscores the procedural requirements to preserve issues for review in both the trial court and on appeal.
April 05, 2024 at 11:00 AM
7 minute read
"Those who disregard procedural requirements play a dangerous game and do so at their peril." Thus said the U.S. Court of Appeals for the Tenth Circuit in United States v. McBride, 94 F.4th 1036 (10th Cir. 2024), where the court declined to reach the appellant's merits arguments due to procedural errors, including invited error, failure to articulate the applicable standards of review, and failure to request plain error review for unpreserved issues. The opinion underscores the procedural requirements to preserve issues for review in both the trial court and on appeal.
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