934 SW2D 109 - State v. Klima

How this case has been cited

Cited by 33 later decisions — most recently June 2018 · most notably Kothe v. State (2004), State v. Mercado (1998)

32 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

MANSFIELD, J.,

¶1concurring.

¶2I join the opinion of the Court. It is clear to me that because the issue of standing was not litigated in the trial court, and because there was no reason or opportunity for it to be litigated at that stage by the nonprevail-ing party, i.e. the State, the State was entitled to raise it for the first time on appeal. However, as pointed out by Judge Clinton in his concurring opinion, fundamental fairness requires that, where a motion to suppress is denied, a non-State appellant is equally entitled to raise for the first time, on appeal, an issue not addressed by the trial court on which the State has the burden of proof.