State v. Johnson

The court of appeals erred in concluding that exceptional circumstances merited review of an issue not preserved in the trial court and not argued on appeal.Defendant was found guilty of murder. On appeal, the court of appeals asked for supplemental briefing on an issue that was not argued by the parties. After supplemental briefing, the court of appeals reversed Defendant’s conviction, concluding that a homicide by assault jury instruction was erroneous. In so ruling, the court decided that the exceptional circumstances exception to the preservation rule permitted the court to examine the unpreserved and likely invited error. The Supreme Court reversed, holding that the exceptional circumstances exception to the preservation rule did not apply in this case. View "State v. Johnson" on Justia Law