Legal Opinion

Henderson v. United States

Supreme Court of the United States

Decided February 20, 2013No. 11-9307PublishedCited by 553 opinions

1Opinion of the CourtJustice Breyer

A federal court of appeals normally will not correct a legal error made in criminal trial court proceedings unless the defendant first brought the error to the trial court’s attention. See United States v. Olano, 507 U. S. 725, 731 (1993). But Federal Rule of Criminal Procedure 52(b), creating an exception to the normal rule, says that “[a] plain error that affects substantial rights may be considered even though it was not brought to the [trial] court’s attention.” (Emphasis added.) The Rule does not say explicitly, however, as of just what time the error must be “plain.” Must the lower…

2Cases cited18 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. United StatesSupreme Court of the United States · 1997
  3. Yakus v. United StatesSupreme Court of the United States · 1944
  4. United States v. AtkinsonSupreme Court of the United States · 1936
  5. Hormel v. HelveringSupreme Court of the United States · 1941

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3Cited by553 opinions

  1. Rosales-Mireles v. United StatesSupreme Court of the United States · 2018
  2. Dewayne Bearchild v. Kristy CobbanCourt of Appeals for the Ninth Circuit · 2020
  3. United States v. Christopher HarrisCourt of Appeals for the Fourth Circuit · 2018
  4. United States v. Desrick WarrenCourt of Appeals for the Fifth Circuit · 2013
  5. A. D. v. State of Calif. Highway PatrolCourt of Appeals for the Ninth Circuit · 2013

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