Legal Opinion
United States v. Marcus
Supreme Court of the United States
Decided May 24, 2010No. 08-1341PublishedCited by 614 opinions
1Opinion of the Court 1
OPINION OF THE COURT
[560 U.S. 260]
2Opinion of the Court · BreyerJustice Breyer
The question before us concerns an appellate court’s “plain error” review of a claim not raised at trial. See Fed. Rule Crim. Proc. 52(b). The Second Circuit has said that it must recognize a “plain error” if there is “any possibility,” however remote, that a jury convicted a defendant exclusively on the basis of actions taken before enactment of the statute that made those actions criminal. 538 F.3d 97, 102 (2008) (per curiam) (emphasis added). In our view, the Second Circuit’s standard is inconsistent with this Court’s “plain error” cases. We therefore…
3Cases cited24 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Neder v. United StatesSupreme Court of the United States · 1999
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4Cited by614 opinions
- State v. WardSupreme Court of Kansas · 2011
- Rosales-Mireles v. United StatesSupreme Court of the United States · 2018
- Tapia v. United StatesSupreme Court of the United States · 2011
- People v. VaughnMichigan Supreme Court · 2012
- United States v. DavilaSupreme Court of the United States · 2013
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