Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Tuesday the court hears oral argument in Dean v. United States. Douglas Berman has our preview.

Henderson v. U.S.

Docket No. Op. Below Argument Opinion Vote Author Term
11-9307 5th Cir. Nov 28, 2012
Tr.Aud.
Feb 20, 2013 6-3 Breyer OT 2012
 
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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.

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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.   JudgmentReversed 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.
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