The court first needs a case before them. And appeals aren't just "do-overs", they often have a specific question to settle. Here, the question seems to be "is

The court first needs a case before them. And appeals aren't just "do-overs", they often have a specific question to settle. Here, the question seems to be "is shooting this person under these circumstances a form of seizure" not "is shooting this person under these circumstances Constituional/good/OK".