Supreme Court of United States.https://leagle.com/images/logo.png
Argued February 24, 2010.
Decided May 24, 2010.
Attorney(s) appearing for the Case
Eric D. Miller, Washington, DC, for petitioner.
Herald Price Fahringer, New York, NY, for respondent.
Justice Sotomayor recused.
Elena Kagan, Solicitor General, Counsel of Record, Thomas E. Perez, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Eric D. Miller, Assistant to the Solicitor General, Jessica Dunsay Silver, Tovah R. Calderon, Attorneys, Department of Justice, Washington, DC, for petitioner.
Herald Price Fahringer, Counsel of Record, Erica T. Dubno, Fahringer & Dubno, New York, NY, for respondent Glenn Marcus.
Supreme Court of United States.
Justice BREYER, delivered the opinion of the Court.
The question before us concerns an appellate court's "plain error" review of a claim not raised at trial. See Fed. Rule Crim. Proc. 52(b). The Second Circuit has said that it must recognize a "plain error" if there is "any possibility," however remote, that a jury convicted a defendant exclusively on the basis of actions taken before enactment of the statute that...
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