Does the Court of Appeal have any authority to review an issue raised for the first time?
MultiRegion, United States of America
The following excerpt is from Howard v. Terry, 936 F.2d 577 (9th Cir. 1991):
Although, as a general rule, we will not consider an issue raised for the first time on appeal, we may do so in exceptional circumstances. See Bolker v. CIR, 760 F.2d 1039, 1042 (9th Cir.1985) (citations omitted) (exception applies if review is necessary to prevent a miscarriage of justice).
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