Henderson v. U.S., No. 11-9307 (U.S. Supreme Court) (568 U.S. 266; 133 S.Ct. 1121) (February 20, 2013) (Justice Breyer)
Rule 52(b) of the Fed.R.Crim.P. provides that “[a] plain error that affects substantial rights may be considered [by an appellate court] even though it was not brought to the [trial] court’s attention.” However, Rule 52(b) does not explicitly state as of what time the error must be “plain.” The absence ...
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