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Ortiz v. Jordan, No. 09-733, cert grant, 4/26/10

Questions Presented:

May a party appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal the order before trial?

SCOTUS docket: here. Scotusblog, briefs: here.

This have anything to do with SPD-related practice? Not really, strictly speaking. But, isn’t the problem at least somewhat reminiscent of the recurrent one based in State v. Webb, 160 Wis.2d 622, 628, 467 N.W.2d 108 (1991):

We do not decide the question of whether there was error at the preliminary hearing in this case, because we hold that a conviction resulting from a fair and errorless trial in effect cures any error at the preliminary hearing. Accordingly, a defendant who claims error occurred at his preliminary hearing may only obtain relief before trial. Thus, no relief is available to the defendant in the case at bar.

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