In United States v. Bowyer, No. 23-3169 (7th Cir. Sept. 18, 2024), a 2-1 panel upheld a conviction over an argument that a district court judge effectively deprived the defendant of his right to allocution, dominating the procedure by his own bench comments. Judge Jackson-Akiwumi files a dissent. “Andre Bowyer, a national of Jamaica, pleadedContinue reading “Federal Judge Who Spoke Over 80% of Defendant’s Allocution Did Not Commit Plain Error, Split Seventh Circuit Panel Holds”
Tag Archives: Plain Error
A Presidential Pardon Does Not Mean That a Prior Conviction Is Not a “Bad Act” Under Fed. R. Evid. 404(b), Holds D.C. Circuit
In United States v. Benton, No. 23-3028 (D.C. Cir. Apr. 19, 2024), while affirming the conviction of a political consultant for felonies stemming from an unlawful contribution and related campaign-finance filings, the panel holds (among other things) that the defendant’s presidential pardon of a prior conviction did not bar its use as “bad acts” evidenceContinue reading “A Presidential Pardon Does Not Mean That a Prior Conviction Is Not a “Bad Act” Under Fed. R. Evid. 404(b), Holds D.C. Circuit”
Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived
Two courts issue decisions the same day considering Fourth Amendment arguments that the government forfeited, holding that federal courts of appeals have the power and can properly exercise their discretion to reach such issues. United States v. Campbell, No. 16-10128 (11th Cir. Feb. 16, 2022): Defendant Campbell was indicted for possessing a firearm as aContinue reading “Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived”
Fed. R. Evid. 103(b) Requires Renewal of Objection at Trial If Order on Motion in Limine Is Modified or Violated at Trial, Holds Fifth Circuit
In United States v. Lara, No. 20-50112 (5th Cir. Jan. 11, 2022), the Fifth Circuit grants only plain-error review on a claim of evidentiary error, when two criminal defendants – who won an exclusionary order in a pretrial motion in limine – failed to renew their objection when the government elicited the disputed testimony atContinue reading “Fed. R. Evid. 103(b) Requires Renewal of Objection at Trial If Order on Motion in Limine Is Modified or Violated at Trial, Holds Fifth Circuit”
Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing
It is a hard rule that a judge “must not participate in [plea] discussions,” Fed. R. Crim. P. 11(c)(1). In United States v. Harrison, No. 19-2234 (8th Cir. Sept. 10, 2020), a judge committed plain error by talking a criminal defendant out of a plea deal by assuring him – incorrectly – that he wouldContinue reading “Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing”
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