November 24, 2012
Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers:
Wednesday, Nov. 28
- Henderson v. U.S.: Whether, when the governing law is unsettled at the time of trial but settled in the defendant’s favor by the time of appeal, an appellate court reviewing for “plain error” should applyJohnson v. United States’s time-of-appeal standard, as the First, Second, Sixth, Tenth, and Eleventh Circuits do, or should apply the Ninth Circuit’s time-of-trial standard, which the D.C. Circuit and the panel below have adopted.
November 24, 2012 | Permalink