Appellate courts inconsistently apply procedural waiver rules to different parties

Evidence

If this was an issue raised by the appellant, the majority would have (and has on numerous occasions) summarily dismissed this contention by citing the well-worn and well-established rule that there was “no objection at trial, thus nothing is presented for review.” For some unexplained reason the majority fails to apply that same rule of law to the State, in its appeal before this Court. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1011

Categorization

• corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1011
• XREF: connects to: Defendants may waive statutory appeal rights via plea agreements — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1120; Stated precedent rules often fail to determine later case outcomes — Burton, Steven J, An Introduction to Law and Legal…, 216; Waiver is often misused for laches and estoppel. — Bryan A. Garner, Jeff Newman, Tiger Jackson, The Redbook: A Manual on Legal Style,…, 1215 (+1 more)

Library Connections

• Defendants may waive statutory appeal rights via plea agreements #complicates (0.55) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1120

Broader Connections

• Courts sometimes reach wrong outcomes to avoid bad future rules #complicates (0.50) — Frederick Schauer, Thinking Like a Lawyer, 548
• Stated precedent rules often fail to determine later case outcomes #corroborates (0.45) — Burton, Steven J, An Introduction to Law and Legal…, 216