One Minute Matters [Video]: Can You Wait Until Appeal to Raise a Legal Challenge? (with Erik Silber)

The Ninth Circuit just changed the game for criminal appeals, and it could impact how defense lawyers handle trials and sentencing going forward.

In a significant en banc decision, the Court eliminated its longstanding exception that allowed defendants to raise purely legal issues on appeal even if they weren’t preserved. Here’s what United States v. Gomez could mean for strategy in the Ninth Circuit:

• All unpreserved issues now face plain-error review
• Even correct legal arguments may not save you on appeal
• Trial lawyers must preserve every objection
• The days of relying on appellate “clean-up” are over

If you’re litigating in the Ninth Circuit, this ruling raises the stakes for how you build your record.