Constitutional Law

U.S. Miller question

This just popped into my head. Miller won in the trial court.

The government filed for cert., Supreme Court accepted. Miller's attorney never formally appeared in the Supreme Court, did not show for oral argument. He also didn't brief it, and in fact sent a telegram asking the Court to consider the case submitted on the government's brief.

Where's the case or controversy here?

I suppose there must be some doctrine that allows the case to proceed. Otherwise defendant who wins in the trial court need only refuse to appear on appeal, and the higher courts would be powerless to review the decision in his favor.

Full post as published by Of Arms and the Law on April 15, 2009 (boomark / email).