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: Fifth Circuit Blog

Has the Fifth Circuit's Approach to Plain Error Review Been Too Permissive?

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United States v. Ellis, No. 07-11276 (5th Cir. Mar. 26, 2009) (Higginbotham, Elrod, Haynes)We all know that plain error review is not your friend. Nevertheless, there have been more than a few cases, particularly in the COV arena, in which the Fifth Circuit has vacated sentences on a finding of plain error. But has the court been too quick to pull the plain error trigger? That's the view of the

Full post as published by Fifth Circuit Blog on April 09, 2009 (boomark / email).

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