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Henderson v. U.S.

Docket No.11-9307
Op. Below5th Cir.
ArgumentNov 28, 2012
Vote6-3
AuthorStephen G. Breyer
OpinionFeb 20, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Stephen G. Breyer on Feb 20, 2013. Justice Scalia filed a dissenting opinion, in which Justice Thomas and Justice Alito joined.

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.

Proceedings & orders timeline

Mar 14, 2012
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012)
Apr 10, 2012
Order extending time to file response to petition to and including May 16, 2012.
May 14, 2012
Order further extending time to file response to petition to and including May 25, 2012.
May 23, 2012
Brief of respondent United States filed.
May 30, 2012
DISTRIBUTED for Conference of June 14, 2012.
Jun 18, 2012
DISTRIBUTED for Conference of June 21, 2012.
Jun 25, 2012
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jul 6, 2012
Motion to appoint counsel filed by petitioner Armarcion D. Henderson.
Jul 24, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012.
Jul 24, 2012
The time to file respondent's brief on the merits is extended to and including October 19, 2012.
Jul 25, 2012
Motion DISTRIBUTED for Conference of September 24, 2012.
Aug 30, 2012
Brief of petitioner Armarcion D. Henderson filed.
Sep 6, 2012
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 14, 2012
SET FOR ARGUMENT ON Wednesday, November 28, 2012.
Oct 1, 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.
Oct 2, 2012
Record received from U.S.C.A. for 5th Circuit. (1 envelope)
Oct 2, 2012
Record received from U.S.D.C. for Western District of Louisiana. (1 box)
Oct 4, 2012
Motion to dispense with printing the joint appendix filed by petitioner Armarcion D. Henderson.
Oct 15, 2012
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 17, 2012
CIRCULATED.
Oct 19, 2012
Brief of respondent United States filed.
Nov 19, 2012
Reply of petitioner Armarcion D. Henderson filed. (Distributed)Nov 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.
Feb 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.
Mar 25, 2013
JUDGMENT ISSUED.
May 8, 2013
Record returned to U.S.C.A. for 5th Circuit.
May 8, 2013
Record returned to U.S.D.C. for Western District of Louisiana.

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