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Third Circuit Clarifies Waiver Doctrine by Distinguishing Between “Issues” and “Arguments” in a Suppression-of-the-Evidence Case

On September 30, 2013 by Schnader

In United States v. Joseph, No. 12-3808, —F.3d—-, 2013 U.S. App. LEXIS 19315 (3d Cir. Sept. 19, 2013), the Third Circuit explained the degree of particularity required for a party to preserve an argument on appeal in the context of a suppression-of-the-evidence case. Although the Third Circuit’s holding appears to be confined to suppression arguments, it is important for appellate attorneys to pay attention to the direction in which the Third Circuit apparently is moving on the waiver doctrine.

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