Legal Opinion
United States v. Jose Escalante-Reyes
Court of Appeals for the Fifth Circuit
Decided July 25, 2012No. 11-40632PublishedCited by 189 opinions
1Opinion of the Court
HAYNES, Circuit Judge, joined by E. GRADY JOLLY, W. EUGENE DAVIS, CARL E. STEWART, DENNIS, PRADO, JENNIFER WALKER ELROD, LESLIE H. SOUTHWICK, GRAVES and HIGGINSON, Circuit Judges:
In this case we answer the following question: whether, when the law at the time of trial or plea is unsettled, but becomes clear1 while the case is pending on appeal, review for the second prong of the “plain error” test properly considers the law as it stood during the district court proceedings (“time of trial”) or at the time of the appellate court’s decision (“time of appeal”). We join the majority of other…
2Cases cited31 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. FradySupreme Court of the United States · 1982
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. YoungSupreme Court of the United States · 1985
- Griffith v. KentuckySupreme Court of the United States · 1987
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3Cited by189 opinions
- John Quinn v. Jesus GuerreroCourt of Appeals for the Fifth Circuit · 2017
- United States v. Clarence HainesCourt of Appeals for the Fifth Circuit · 2015
- United States v. Beleal Garcia-GonzalezCourt of Appeals for the Fifth Circuit · 2013
- United States v. Jabori HuntsberryCourt of Appeals for the Fifth Circuit · 2020
- United States v. Angel SeguraCourt of Appeals for the Fifth Circuit · 2014
184 more not listed; retrieve them via the Exa API.