Ok, I understand. If you make a mistake and don't raise the question as soon as possible, then the appellate court can not consider it. But I read on the Internet a constitution quesion can be first raised on appeal. "A constitutional issue can be raised for the first time in appeal."
But I did raise the question in my brief in the case history which states in part:
The Defandants denied several of the Plaintiff's requests for discovery....The Plaintiff was denied acces to Bellevue University backup tapes by the Court...", but I did not argue this. Didn't I raise the question?
A: If you mean that the defendant's refused to comply with your discovery request, and you did not move to compel and receive an order from the court compelling discovery, then that is not a constitutional issue -- it would be a simple waiver of your procedural right to compel discovery.
If you did move to compel discovery and the court refused to grant the order, then that's a question of the court's discretion in determining whether or not your discovery request was "reasonably calculated to lead to the discovery of admissible evidence," or not discoverable because of privilege or public policy, or some other basis. Still, this would not be a constitutional issue -- unless the denial of the motion to compel was so plainly a violation of due process that the appellate court would have to reverse the decision -- in which case, that would be "plain error."
So you are telling me that a constitutional issue can not be raised for the first time in appeal." and the person who put this on the Internet if full of shit?
A: My citations represent the decisional law of the Supreme Court of Nebraska. If your case concerns a constitutional issue being considered in a Nebraska appellate court, then the precedent that I have stated is the exclusive authority for the court to consider the issue. You'll have to be the judge of who is or is not full of ****.
Maybe I should re-phrase it as the Judge abused his discretion in not allowing the information requested in discovery to be denied??????
A: Maybe I have it backwards in my first answer above. If you opposed discovery and the court issued an order compelling you to produce, then the issue may be an abuse of discretion, or there may be clear decisional law that would have prevented discovery. Without knowing exactly what evidence is involved and what was decided, I can't comment intelligently about this issue.
I'm getting the feeling that you may be tempted to expand this conversation to include an issue that is outside the scope of your original question. If you would like me to conduct research, then you will have to open a new Q&A session for the new legal issue, and thoroughly explain what's in play.
Hope this helps.
Hope this helps.