Plain Error - Year 1985 - Judgments

Feb 20 1985 (FN)

United States Vs. Young

Court: US Supreme Court

Decided on: Feb-20-1985

..... is entitled harmless error and plain error reads as follows a harmless error any error defect irregularity or variance which does not affect substantial rights shall be disregarded b plain error plain errors or defects ..... of appeals for the tenth circuit are familiar with the difference between harmless error and plain error footnote 3 7 rather than asking those judges to supplement the opinion .....

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Jun 11 1985 (FN)

Caldwell Vs. Mississippi

Court: US Supreme Court

Decided on: Jun-11-1985

..... the court but the court may at its option notice a plain error not assigned or distinctly specified miss sup ct rule 6 ..... jones states we do not deem these matters those not assigned plain error bell v state 360 so 2d 1206 miss 1978 is analogous ..... death penalty cases the prerogative of relaxing our contemporaneous objection and plain error rules when the interests of justice so require culberson v state .....

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1985

Songer Vs. Wainwright

Court: US Supreme Court

Decided on: Jan-01-1985

..... even cited in the court of appeals opinion ii the plain error of the courts below is that although they perceived some ..... evidence that songer had discussed with his attorney thus the error of constitutional significance here arose before the jury was instructed ..... s erroneous legal conclusion was reasonable once the constitutional lockett error was found the court simply vacated the sentence and remanded .....

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Dec 04 1985 (FN)

Thomas Vs. Arn

Court: US Supreme Court

Decided on: Dec-04-1985

..... 15 cf fed rule crim proc 52 b court may correct plain error despite failure of party to object we need not decide ..... s distinction between factual and legal issues once again the plain language of the statute recognizes no such distinction footnote 8 ..... object before the magistrate the interest in minimizing the risk of error should prevail over the interest in requiring strict compliance with .....

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1985

Rowland Vs. Mad River Local School Dist., Montgomery County, Ohio

Court: US Supreme Court

Decided on: Jan-01-1985

..... the court characterized the judgment for petitioner in the absence of such comparative evidence as plain error 2 page 470 u s 1009 1011 ii this case starkly presents issues of individual ..... under a minimal rationality standard as the basis for discharge from public employment this record plainly demonstrates that petitioner did not proselytize regarding her bisexuality but rather that it became known .....

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Mar 18 1985 (FN)

United States Vs. Gagnon

Court: US Supreme Court

Decided on: Mar-18-1985

..... discussion and these rights were substantial enough to be noticed as plain error on appeal under federal rule of criminal procedure 52 b notwithstanding ..... bare per curiam majority explicitly declined to consider w hether the error of ex parte contact was of constitutional dimension id at 464 u ..... s 117 118 n 2 and held only that any error demonstrated on the particular facts at issue was harmless id at .....

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Jun 19 1985 (FN)

Brockett Vs. Spokane Arcades, Inc.

Court: US Supreme Court

Decided on: Jun-19-1985

..... will defer to lower courts on state law issues unless there is plain error palmer v hoffman 318 u s 109 318 u s 118 ..... u s 501 issue for the court of appeals fell into another error when it invalidated the statute on its face because of its ..... unconstitutionally overbroad definition of obscenity iii appellants insist that the error was in finding any invalidity in the statute even accepting the .....

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1985

Busby Vs. Louisiana

Court: US Supreme Court

Decided on: Jan-01-1985

..... his petition for certiorari this court of course may correct a plain error not presented in the petition for certiorari washington v davis 426 ..... join dissenting once again this court has declined to correct an error of constitutional magnitude with a defendant s life in the balance ..... binding effect of the jury s decision indeed he compounded the error by telling the jurors that it was their duty to make .....

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Mar 20 1985 (FN)

Lindahl Vs. Opm

Court: US Supreme Court

Decided on: Mar-20-1985

..... 1980 amendment is plain on its face the scroggins standard allows only for review of legal and procedural errors the 1980 ..... procedural rights a misconstruction of governing legislation and an error going to the heart of the administrative determinations subcommittee ..... a misconstruction of the governing legislation or some like error going to the heart of the administrative determination scroggins .....

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Feb 27 1985 (FN)

Chem. Mfrs. Ass'n Vs. NRDC

Court: US Supreme Court

Decided on: Feb-27-1985

..... own standards even to correct an error or to impose stricter requirements the word modify has no plain meaning as used in 301 1 ..... 301 1 s scope is clearly inconsistent with congressional intent the plain meaning of the statute and its legislative history show a ..... are not without costs for example they are inappropriate where small errors could lead to irreversible or catastrophic results footnote 2 19 .....

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