2001) (Walsh, J., dissenting) (refusing to extend the plain error
standard of review in criminal cases to cover a faulty jury instruction); Taylor I, 777 A.2d 759, 773 (Del.
On appeal, the Ninth Circuit affirmed, finding that the jury verdict did not constitute plain error
because Boiron presented sufficient evidence from which the jury could have concluded that Oscillo actually works against flu-like symptoms.
Zinski was not plain error
because the law was unsettled when the Court of Appeals decided Zinski, the court also said.
However, interesting questions arise when the error is not preserved and courts are required to apply plain error
review instead of the abuse of discretion standard.
The Western District reviewed the matter for plain error
, however, and found that no such error had occurred.
2009), which imposes an extreme burden on a defendant seeking plain error
review of a court's failure to provide correct sentencing information before accepting a guilty plea.
And it is so clearly more serious than Hagen's offenses that we are convinced that the court committed plain error
. This error affected a substantial rightHagen's freedomby increasing her recommended sentence under the Guidelines.
"Marrero's failure to object to the sentence based on the judge's possible reliance on arrests not resulting in conviction does not insulate the district judge's purported error from review by this court even under the plain error
test and this circuit has several times warned over a three-year period against reliance on arrests as a proxy for criminal culpability or the likelihood of recidivism.
'It was therefore plain error
on the part of the CA to have ruled that SOJ (Emmanuel) Caparas virtually had no option but to affirm the findings of the DOJ Task Force and (Justice Undersecretary Jose) Justiniano as to the alleged absence of probable cause to charge respondent,' it added.
'It was, therefore, plain error
on the part of the CA to have ruled that SOJ [Secretary of Justice] Caparas virtually had no option but to affirm the findings of the DOJ Task Force and of SOJ Justiniano as to the alleged absence of probable cause to charge respondent,' it added.
2002) (To overturn the district court on plain error
review, "there must (1) be error, (2) that is plain, (3) that affects the substantial rights of the party, and (4) that seriously affects the fairness, integrity, or public reputation of a judicial proceeding."); Sanford v.
Juan Miller, which centers on a defendant who waited until his case was at the North Carolina Court of Appeals to argue that a Greensboro police officer violated his Fourth Amendment rights during a traffic stop.<br />Miller's movewhether mistake or tacticpaid off at the Court of Appeals, where a three-judge panel ruled unanimously that Guilford County Superior Court Judge Eric Morgan committed plain error
by admitting the cocaine evidence seized during the stop.