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Christina Gomez and Jessica Smith Christina Gomez and Jessica Smith

10th Circuit SpotlightA panel of the U.S. Court of Appeals for the Tenth Circuit recently plunged into difficult questions concerning the court’s consideration of issues that were not preserved in the district court. More specifically, the three panel judges struggled to reach agreement on whether the forfeiture/clear-error rubric applicable to unpreserved issues in ordinary cases should also apply uniformly to habeas cases.

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