16 April 2004

A Question for all of you out there who have a significant amount of experience in appellate law/procedure:

Assuming you want to appeal the constitutionality of an aspect of an appellate standard of review (i.e. tthe Feeney Amendment legislated change in the standard), how would you bring this issue before the appellate court?

It wouldn't seem to be ripe as an objectionable issue during the trial and if you cannot raise the issue at trial how do you get it reviewed?

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