Legal Opinion
United States v. Rose
Court of Appeals for the Third Circuit
Decided August 5, 2008No. 05-5199PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
This case raises a procedural issue that has nagged our Court for decades and for which we have unwittingly given conflicting answers: whether a criminal defendant who failed to raise a reason to suppress evidence before the District Court may raise the reason on appeal. We conclude that he cannot absent good cause: such a suppression issue is waived under Federal Rule of Criminal Procedure 12, which trumps Rule 52(b)’s plain error standard in the context of motions to suppress. For this reason and others, we affirm the conviction of Larken Rose for…
2Cases cited29 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. LeonSupreme Court of the United States · 1984
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Celso Chavarria v. Alberto Gonzalez, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2006
- United States v. Francisca Rosa VelasquezCourt of Appeals for the Third Circuit · 1989
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3Cited by65 opinions
- TRI-M GROUP, LLC v. SharpCourt of Appeals for the Third Circuit · 2011
- United States v. BerriosCourt of Appeals for the Third Circuit · 2012
- United States v. DupreeCourt of Appeals for the Third Circuit · 2010
- United States v. Manuel SotoCourt of Appeals for the Sixth Circuit · 2015
- United States v. BurkeCourt of Appeals for the Tenth Circuit · 2011
60 more not listed; retrieve them via the Exa API.