Legal Opinion

United States v. Rodriguez

Court of Appeals for the Eleventh Circuit

Decided December 22, 2010No. 08-16696PublishedCited by 39 opinions

1Opinion of the Court

CARNES, Circuit Judge:

This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the contemporaneous objection rule. Unless there is such an exception, the only issue that the appellant is pressing on appeal is barred for failure to object because she cannot meet the requirements of the plain error rule. Disagreeing with the Second Circuit, we hold that the possibility a judge may be unhappy with an objection does not excuse the failure to make it.

I

Alicia Rodriguez participated in a vast scheme that fraudulently bilked the federal government out of…

2Cases cited22 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. United States v. CottonSupreme Court of the United States · 2002
  4. In Re Murchison.Supreme Court of the United States · 1955
  5. Caperton v. A. T. Massey Coal Co., Inc.Supreme Court of the United States · 2009

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3Cited by39 opinions

  1. United States v. Lourdes Margarita GarciaCourt of Appeals for the Eleventh Circuit · 2018
  2. United States v. Collins ChristensenCourt of Appeals for the Ninth Circuit · 2013
  3. United States v. Anthony DavilaCourt of Appeals for the Eleventh Circuit · 2014
  4. United States v. PantleCourt of Appeals for the Eleventh Circuit · 2011
  5. United States v. Eddie Lee PerryCourt of Appeals for the Eleventh Circuit · 2021

34 more not listed; retrieve them via the Exa API.

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