Norwich argued that the trial court had thus committed plain error
when approving the sale.
7) Plain error
(1) is unpreserved--that is, forfeited or waived--error that (2) is obvious from the record and (3) affects the outcome of the proceeding.
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
First Circuit Discretion: Plain Error
and the Krynicki-Harwood
The district court's decision allowing the City nonetheless to seek damages and then upholding the jury's factually-unfounded Dollar100 million damages award was plain error
and should be reversed; and
Applying the plain error
standard in the absence of any defense objection at trial, (90) the court in Brooks concluded that allowing the percentage testimony was plain error
because the Government expert's "credibility quantification testimony invaded the province of the members" (91) and represented "the functional equivalent of vouching for the credibility or truthfulness of the victim.
It also rejected the defendants' argument that the courts' policy constituted plain error
122) Presently, if the non-English-speaking defendant does not object to inadequate court interpretation, the appellate court reviews the appeal under the plain error
standard of review.
History of the Plain Error
Doctrine in the Military
If counsel does not object, a new trial can be granted "only if the misconduct amounted to plain error
, so that absent the misconduct, the verdict would have been different.
Sometimes, just the sheer confusion of the battlefield was responsible or just plain error
, such as artillery falling short or planes bombing their own personnel.
95) uses her own experiences to cover a diverse range of spiritual topics, from walking with God and understanding concepts of spiritual mercy and creating miracles to handling atonement and understanding concepts of sin and how it differs from plain error