Quote:
Originally Posted by Tyrone Slothrop
The fact that the argument wasn't raised in the trial court suggests that it wasn't a likely winner on the merits in the appellate court, no? Maybe this is just a procedural way to put a dog out of its misery.
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Perhaps so. And they reviewed it anyway, just under a nominally different standard.
But it doesn't matter whether the court got it right or wrong--it's a question of efficiency and whether they've enhanced it or reduced it.
