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UNITED STATES v. FRADY

No. 80-1595.

456 U.S. 152 (1982)

UNITED STATES v. FRADY

Supreme Court of United States.

Decided April 5, 1982.

Attorney(s) appearing for the Case

Deputy Solicitor General Frey argued the cause for the United States. With him on the briefs were Solicitor General Lee, Assistant Attorney General Jensen, and John R. Fisher.

Daniel M. Schember, by appointment of the Court, 454 U.S. 809, argued the cause and filed a brief for respondent.

JUSTICE O'CONNOR delivered the opinion of the Court.

Rule 52(b) of the Federal Rules of Criminal Procedure permits a criminal conviction to be overturned on direct appeal for "plain error" in the jury instructions, even if the defendant failed to object to the erroneous instructions before the jury retired, as required by Rule 30. In this case we are asked to decide whether the same standard of review applies on a collateral...

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