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U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments
Loaded on May 15, 2020
by Dale Chappell
published in Criminal Legal News
June, 2020, page 40
Filed under:
Grounds for Relief.
Location:
Texas.
by Dale Chappell
In an opinion that amounted to just three paragraphs, the Supreme Court of the United States held on March 23, 2020, that the Fifth Circuit’s rule barring plain error review for unpreserved factual errors had “no legal basis,” and the Court vacated the lower court’s decision and ...
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- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, by Dale Chappell
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More from these topics:
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- First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing, June 15, 2023. U.S. Sentencing Guidelines, Grounds for Variance, Grounds for Relief.
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023. Death Penalty, Scope of Forfeiture, Grounds for Relief.
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- U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer), Jan. 1, 1997. Punch And Jurists, Grounds for Relief.
