Henderson v. U.S.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-9307 | 5th Cir. | Nov 28, 2012 | Feb 20, 2013 | 6-3 | Breyer | OT 2012 |
Holding: Regardless whether a legal question was settled or unsettled at the time of trial, an error is “plain” within the meaning of Federal Rule of Criminal Procedure 52(b) so long as the error was plain at the time of appellate review.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on February 20, 2013. Justice Scalia filed a dissenting opinion, in which Justice Thomas and Justice Alito joined.
SCOTUSblog Coverage
- Train wreck avoided: Plain errors may be corrected even when “plain” only on appeal (Rory Little, February 25, 2013)
- Argument recap: Trying to discern a timing rule for a rule that says nothing about timing (Rory Little, December 4, 2012)
- Argument preview: Not-so-plain questions about plain error (Rory Little, November 26, 2012)
| Date | Proceedings and Orders |
|---|---|
| Mar 14 2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012) |
| Apr 10 2012 | Order extending time to file response to petition to and including May 16, 2012. |
| May 14 2012 | Order further extending time to file response to petition to and including May 25, 2012. |
| May 23 2012 | Brief of respondent United States filed. |
| May 30 2012 | DISTRIBUTED for Conference of June 14, 2012. |
| Jun 18 2012 | DISTRIBUTED for Conference of June 21, 2012. |
| Jun 25 2012 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Jul 6 2012 | Motion to appoint counsel filed by petitioner Armarcion D. Henderson. |
| Jul 24 2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012. |
| Jul 24 2012 | The time to file respondent's brief on the merits is extended to and including October 19, 2012. |
| Jul 25 2012 | Motion DISTRIBUTED for Conference of September 24, 2012. |
| Aug 30 2012 | Brief of petitioner Armarcion D. Henderson filed. |
| Sep 6 2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Sep 14 2012 | SET FOR ARGUMENT ON Wednesday, November 28, 2012. |
| Oct 1 2012 | Motion to appoint counsel filed by petitioner GRANTED. Patricia A. Gilley, Esq., of Shreveport, Louisiana, is appointed to serve as counsel for the petitioner. |
| Oct 2 2012 | Record received from U.S.C.A. for 5th Circuit. (1 envelope) |
| Oct 2 2012 | Record received from U.S.D.C. for Western District of Louisiana. (1 box) |
| Oct 4 2012 | Motion to dispense with printing the joint appendix filed by petitioner Armarcion D. Henderson. |
| Oct 15 2012 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Oct 17 2012 | CIRCULATED. |
| Oct 19 2012 | Brief of respondent United States filed. |
| Nov 19 2012 | Reply of petitioner Armarcion D. Henderson filed. (Distributed) |
| Nov 28 2012 | Argued. For petitioner: Patricia A. Gilley, Shreveport, La. (Appointed by this Court.) For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Feb 20 2013 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. |
| Mar 25 2013 | JUDGMENT ISSUED. |
| May 8 2013 | Record returned to U.S.C.A. for 5th Circuit. |
| May 8 2013 | Record returned to U.S.D.C. for Western District of Louisiana. |
