You better bring it up and preserve it….

Larry Cunningham (St. John’s University School of Law) has posted Appellate Review of Unpreserved Questions in the Criminal Cases: An Attempt to Define the ‘Interest of Justice’ (Journal of Appellate Practice and Process, Vol. 11, No. 2, p. 285, Fall 2010) on SSRN. Here is the abstract:

As a general rule, an appellate court can consider a claim on appeal only if the appellant properly preserved it in the court below. A claim or issue is preserved if it was presented to the lower court at the proper time and with sufficient specificity so that the trial court had an opportunity to correct the alleged error at the time it was made. Preservation is thus accomplished by a simple, timely on-the-record objection along with a brief explanation of its basis. Ordinarily, a court will not grant relief on a claim that is presented for the first time on appeal.

Read more here:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1892465

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