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by @danabra.mov
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by @danabra.mov
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by @jimpick.com
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by @atsui.org
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Probably the usual way is just to brief it and hope that the appeals court ignores your failure to preserve. This probably works sometimes. You could maybe send a letter to chambers admitting that you didn't preserve, and suggesting that the court raise sua sponte. But this strikes me as too cute.