Key legal question
Whether the constitutional appeal could rely on the mobile-phone timing discrepancy as a new fact
Extracted holding
The discrepancy was a permissible new issue because the cantonal court had not expressly addressed it, although it should have been noticed ex officio.
Extracted reasoning
The record contained both the police phone analysis and the carrier data. The court nevertheless found no arbitrariness because the stored time in the phone matched a two-hour offset from the carrier data, so the discrepancy was irrelevant.