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By Shari Allison

U.S. v. Burke, 2011 WL 310520 (2/2/11) (Kan.) (Published) - The 10th puts a premium on careful pleading in the district court re: suppression motions. As the more specific rule, Rule 12(e)'s waiver rule prevails over Rule 52's plain error provision. So, failure to make a particular argument for suppression amounts to a waiver, precluding plain-error review of the argument, absent the "rare" good cause for not raising the issue below. The 10th acknowledges it has sent mixed messages by reviewing some suppression issues for plain error, but Rule 12(e) was meant to protect the government. In a footnote the 10th notes all the active 10th judges have signed on to the holding. In this case, the defendant had waived the argument that the search warrant affidavit lacked sufficient detail...continue to full post

Full post as published by Tenth Circuit Blog on February 18, 2011 (boomark / email).