Please ensure Javascript is enabled for purposes of website accessibility

plain error

Nov 29, 2012

Justices of US Supreme Court consider what law governs plain error appeals

The justices of the U.S. Supreme Court tussled on Wednesday over the issue of whether a plain error sentencing appeal must be decided according to the law in effect at the time of sentencing or at the time of appeal.

Dec 2, 2010

10-1148 U.S. v. Webster

Criminal Procedure Invalid information; plain error Where the only effect of a defendant’s raising the invalidity of the information would be to lower the mandatory minimum term of supervised release, the sentence is not plain error. “We do not have a decision on point, but that would not keep us from concluding that any attempt […]

Dec 2, 2010

09-3993 U.S. v. Corona-Gonzalez

Criminal Procedure Sentencing; inaccurate information; plain error Where the district judge relied on an improper factor in imposing sentence, the sentence must be reversed, although the defendant failed to object. “There is a distinct possibility that the district court’s reliance on the nonexistent fact that Mr. Corona-Gonzalez previously had been removed and then reentered the [&hel[...]

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests