Henderson v. U.S.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-9307	5th Cir.	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.

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.

SCOTUSblog Coverage

Train wreck avoided: Plain errors may be corrected even when "plain" only on appeal (Rory Little, February 25, 2013)
Argument recap: Trying to discern a timing rule for a rule that says nothing about timing (Rory Little, December 4, 2012)
Argument preview: Not-so-plain questions about plain error (Rory Little, November 26, 2012)

Date	Proceedings and Orders (key to color coding)
03/14/2012	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012)
04/10/2012	Order extending time to file response to petition to and including May 16, 2012.
05/14/2012	Order further extending time to file response to petition to and including May 25, 2012.
05/23/2012	Brief of respondent United States filed.
05/30/2012	DISTRIBUTED for Conference of June 14, 2012.
06/18/2012	DISTRIBUTED for Conference of June 21, 2012.
06/25/2012	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
07/06/2012	Motion to appoint counsel filed by petitioner Armarcion D. Henderson.
07/24/2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012.
07/24/2012	The time to file respondent's brief on the merits is extended to and including October 19, 2012.
07/25/2012	Motion DISTRIBUTED for Conference of September 24, 2012.
08/30/2012	Brief of petitioner Armarcion D. Henderson filed.
09/06/2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
09/14/2012	SET FOR ARGUMENT ON Wednesday, November 28, 2012.
10/01/2012	Motion to appoint counsel filed by petitioner GRANTED. Patricia A. Gilley, Esq., of Shreveport, Louisiana, is appointed to serve as counsel for the petitioner.
10/02/2012	Record received from U.S.C.A. for 5th Circuit. (1 envelope)
10/02/2012	Record received from U.S.D.C. for Western District of Louisiana. (1 box)
10/04/2012	Motion to dispense with printing the joint appendix filed by petitioner Armarcion D. Henderson.
10/15/2012	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
10/17/2012	CIRCULATED.
10/19/2012	Brief of respondent United States filed.
11/19/2012	Reply of petitioner Armarcion D. Henderson filed. (Distributed)
11/28/2012	Argued. For petitioner: Patricia A. Gilley, Shreveport, La. (Appointed by this Court.) For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
02/20/2013	Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
03/25/2013	JUDGMENT ISSUED.
05/08/2013	Record returned to U.S.C.A. for 5th Circuit.
05/08/2013	Record returned to U.S.D.C. for Western District of Louisiana.

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.

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.