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Henderson v. U.S.

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Case Term OT 2012
Category Criminal Law
Question Presented When the governing law is unsettled at the time of trial but settled in the defendant's favor by the time of appeal, should an appellate court reviewing for “plain error” apply Johnson's time-of-appeal standard, as the First, Second, Sixth, Tenth, and Eleventh Circuits do, or should the appellate court apply the Ninth Circuit's time-of-trial standard, which the D.C. Circuit and the panel below have adopted?
Lower Court's Decision The time-of-trial standard applies.
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by Westlaw
Westlaw

Certiorari-Stage Documents:

Outcome - Reverse

This case was decided on 19 February, 2013.

Roberts
Robertsremand
Scalia
Scaliaaffirm
Kennedy
Kennedyremand
Thomas
Thomasaffirm
Ginsburg
Ginsburgremand
Breyer
Breyerremand
Alito
Alitoaffirm
Sotomayor
Sotomayorremand
Kagan
Kaganremand