Henderson v. U.S.
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Nov 28, 2012
|Feb 20, 2013||6-3||Breyer||OT 2012|
Holding: Regardless whether a legal question was settled or unsettled at the time of trial, an error is “plain” within the meaning of Federal Rule of Criminal Procedure 52(b) so long as the error was plain at the time of appellate review.
Plain English Summary:
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on February 20, 2013. Justice Scalia filed a dissenting opinion, in which Justice Thomas and Justice Alito joined.
- Train wreck avoided: Plain errors may be corrected even when “plain” only on appeal (Rory Little)
- Argument recap: Trying to discern a timing rule for a rule that says nothing about timing (Rory Little)
- Argument preview: Not-so-plain questions about plain error (Rory Little)