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When should appellate courts decide issues not raised by the parties?

800px-Golden_gavel_3This morning, A Public Defender offers a thoughtful and well documented post about whether and when appellate courts can raise issues sua sponte. As with most things in our field, the answer is “it depends.” The post explains the whys, hows, and whens.

Hat tip: Jennifer Murphy Romig, Emory Law School

Image: By walknboston (Flickr: Gavel) CC-BY-2.0, via Wikimedia Commons