Henderson v. United States (2012)
- Docket
- 11-9307
- Decided
- 2012-01-01
Summary
Question: 1. Did the Fifth Circuit err when it held that Henderson did not preserve the error? 2. Did the Fifth Circuit err in holding that Henderson did not show plain error in his sentence? Conclusion: Yes and yes. Justice Stephen G. Breyer delivered the opinion for a 6-3 majority. The Supreme Court held that that an error is deemed to be a "plain error" based on the law at the time of the appellate review of the case, not at the time of the trial. It is unreasonable to expect either the defendant or the trial court to predict the outcome of unsettled issues of law, therefore it is the role of the appellate court to review what is considered "plain error" at the time of the appellate review. Justice Antonin Scalia wrote a dissenting opinion in which he argued that an issue of law that is unsettled at the time of the trial cannot be considered "plain error" for the purposes of appellate review. An error can only be plain if it should have been obvious to the court and the prosecution at the time of the trial. Justice Clarence Thomas and Justice Samuel A. Alito, Jr. joined in the dissent.