Supreme Court Wrestles With Rules to Preserve Appellate Review

The US Supreme Court appeared divided over a procedural question raised by a Maryland corrections official seeking a new trial after a jury found him liable in the assault of an inmate.

Neil Dupree argues he should be able to make a claim on appeal that the district court already denied when it refused to rule in his favor before the trial even though he failed to raise that argument again in a post-trial motion.

Dupree claimed that asking for summary judgment is enough to preserve a purely legal claim or defense for review on appeal, but several justices questioned ...