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Always, Always Object

By Shari Allison

U.S. v. Uscanga-Mora, 2009 WL 1100458 (4/24/09) (Published) - Following the Supreme Court's recent Puckett case, the court extols the virtue of plain error review. E.g., a contemporaneous objection will enable the court to correct any procedural error right then. But somewhat helpfully, the 10th also says: "plain-error review should not be like a hidden mantrap, encountered without warning yet often deadly." So, counsel will be excused from objecting if counsel is not afforded an opportunity to object or an objection would be futile. Perhaps helpfully, the 10th in a footnote acts as though 10th precedent might be consistent with 6th Cir. law, which requires the district court to ask the parties if they have any objection to the sentence before plain error review is applied...continue to full post

Full post as published by Tenth Circuit Blog on April 28, 2009 (boomark / email).