Journal of Criminal Law and Criminology - Vol. 84 Nbr. 4, January 1994
The Supreme Court's decision in United States v. Olano failed to clarify how lower courts should apply the plain error provision of rule 5 of the Federal Rules of Criminal Procedure. The court did rule that the inclusion of alternate jurors did not necessarily prejudice a jury's deliberations. The court also established a four-part guideline for judging whether or not the plain error doctrine should apply, but it elaborated on only one of the guideline's four parts. The court's failure to spe...
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Florida Bar Journal - Vol. 72 Nbr. 9, October 1998
While preservation of error is important at all phases of the trial court ......
An appellate court generally cannot remedy an erroneous ruling below unless the error challenged on appeal was properly preserved in ...
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Criminal Justice Ethics - Vol. 16 Nbr. 2, June 1997
Appellate courts often make a collective decision on the outcome of a case prior to hearing contrary facts or legal principles and come to an incorrect conclusion. How often this happens is impossible to measure. While this does occur, one must also measure how many times injustice has been done. Judges have the legal power to disregard the law when it leads to a more just result.
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University of Pennsylvania Law Review - Vol. 149 Nbr. 6, June 2001
...
Perhaps because of the considerable stakes involved, judicial inquiries into the accuracy of corporate ......
First, they contend that while third-party adjudicators are reasonably skilled arbiters of truth in garden-variety disputes, judges and juries are considerably more susceptible to judgment errors in complex disclosure disputes, where the ...
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Medical Law's Regan Report - Vol. 39 Nbr. 8, August 2006
... that the trial judge had committed prejudicial error that resulted in the favorable decision for the ...... the trial judge's rulings constituted reversible error. The court noted that the patient challenged two ...
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Illinois Bar Journal - Vol. 97 Nbr. 3, March 2009
A trial judge's failure to grant defense counsel's request for a continuance of a double murder trial, accompanied by disparaging remarks and an openly hostile attitude toward counsel, was plain error that, 15 years after the conviction, required a ...
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Suffolk University Law Review - Vol. 41 Nbr. 2, March 2008
Criminal Law--First Circuit Allows Guilty Plea for Misprision to Stand Under Plain Error Review--United States v. Caraballo-Rodriguez, ...... Caraballo-Rodriguez, (3) the Court of Appeals for the First Circuit considered whether the defendant's conviction for misprision could be sustained under plain error review absent proof of an affirmative act of ...
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Florida Bar Journal - Vol. 78 Nbr. 10, November 2004
Appellate courts are reactive, addressing only errors on matters actually ruled upon by the lower ...... Accordingly, preserving error is a critical component of the appellate process.......
Requiring litigants to preserve error before the lower tribunal maintains the ...
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Environmental Law - Vol. 35 Nbr. 3, June 2005
... Berzon (joined by three other judges), so the good news is that this judicial error is strongly on the defensive as it emerges ...... (34) To hear now that the aboriginal right has legal force above and beyond the treaty right is so discordant to expectations that it is humorous: a judicial joke.
Distinctions of this genre will become ...
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Florida Bar Journal - Vol. 79 Nbr. 7, July 2005
... 2003), in which the Florida Supreme Court resolved a conflict in the district courts and held it was not fundamental error to convict a defendant of grand theft even ...... The court also adopted a general rule for determining when unpreserved evidence sufficiency issues constitute fundamental error. The court said sufficiency issues are ...
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