Topic: ultimately, the preservation rule is a practical one, and c… · Go Syfert
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Topic #8685

7 canonical passages across 5 cases, quoted by 42 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Parkins.

#Case FlagCanonical passage Citers
1 State v. Parkins Anchor
or · 2009
green “ultimately, the preservation rule is a practical one, and close calls inevitably will turn on whether, given the particular record of a case, the court concludes that the policies underlying the rule have been sufficiently served.” 15
2 Peeples v. Lampert
or · 2008
green “preservation gives a trial court the chance to consider and rule on a contention, thereby possibly avoiding an error altogether or correcting one already made, which in turn may obviate the need for an appeal.” 14
3 State v. Amaya
or · 2004
green “problems may arise if the preservation onion is sliced too thinly.” 4
4 State v. Parnell
orccklamath · 2016
green “exactly what suffices to preserve a particular argument 'is not something that can be explained by a neat verbal formula.” 3
5 State v. Powell
orctapp · 2022
green “because the court did not have the benefit of hearing from both sides so that it might correct any error, thereby obviating the need for an appeal on that issue” 2
6 State v. Powell
orctapp · 2022
green “proce- durally unfair because the court did not have the benefit of hearing from both sides so that it might correct any error, thereby obviating the need for an appeal on that issue.” 2
7 State v. Powell
orctapp · 2022
green “procedurally unfair because the court did not have the benefit of hearing from both sides so that it might correct any error, thereby obviating the need for an appeal on that issue.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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