U.S. v. ROSE

No. 05-5199.

538 F.3d 175 (2008)

UNITED STATES of America v. Larken ROSE, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed August 5, 2008.


Attorney(s) appearing for the Case

Peter Goldberger, Esquire (Argued), Pamela A. Wilk, Esquire, Ardmore, PA, for Appellant.

Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Floyd J. Miller, Assistant United States Attorney, Peter D. Hardy (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: AMBRO, JORDAN and ROTH, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

This case raises a procedural issue that has nagged our Court for decades and for which we have unwittingly given conflicting answers: whether a criminal defendant who failed to raise a reason to suppress evidence before the District Court may raise the reason on appeal. We conclude that he cannot absent good cause: such a suppression issue is waived under Federal Rule of Criminal Procedure 12, which trumps Rule...

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