State v. Brita

In State v. Brita, 158 Ariz. 121, 124, 761 P.2d 1025, 1028 (1988), the Court held that it is inappropriate for appellate courts to consider fact-intensive issues raised for the first time on appeal. In Brita, the state was appealing the trial court's ruling granting the defendant's motion to suppress. Id. at 122, 761 P.2d at 1026. The court of appeals reversed based on an issue not presented to the lower court, and our supreme court held this was error because the state had ample opportunity to raise this issue below. Id. at 123-24, 761 P.2d at 1027-28. The supreme court vacated that portion of the court of appeals decision, admonishing appellate courts not to consider "unlitigated issues when to do so violates sound principles of judicial policy." Id. at 124-25, 761 P.2d at 1028-29.