Because the plaintiff failed to object at trial on that basis, the 1st Circuit observed she was entitled to relief only under the plain error
standard, which she could not meet.
pdf Prosecutorial Misconduct Plain Error
Appellant challenged the postconviction courts denial of his petition seeking a new trial following his conviction of misdemeanor theft.
For related reasons, we also conclude the admission of the officers testimony was neither plain error
nor constitutionally problematic.
The way the Court of Appeals has done lately, if you dont object to anything pretty much they seem to be saying you have not preserved that for appellate review, unless you want us to look at a plain error
issue, he said.
157) Rule 52(b) provides a limited exception: "A plain error
that affects substantial rights may be considered even though it was not brought to the court's attention.
We begin by providing some brief background on preservation, then delve into the related doctrines of waiver, forfeiture, and plain error
Norwich argued that the trial court had thus committed plain error
when approving the sale.
On its face, Rivera only addresses the question of whether the wrongful denial of a peremptory strike is structural error, but its rationale effectively cuts off the possibility of reversible error being found under either a harmless error or plain error
Procedure, Rule 52(b) provides that "[A] plain error
4) The First Circuit held that the MDLEA was a constitutional exercise of Congress's power under the Piracies and Felonies Clause of Article I, Section 8 and concluded that there was no jurisdictional error under the MDLEA related to Nueci's conviction, nor would any such error constitute plain error
trial, courts on appeal will review any alleged breach for plain error
First Circuit Discretion: Plain Error
and the Krynicki-Harwood