What is the burden of establishing entitlement to relief for plain error?
MultiRegion, United States of America
The following excerpt is from United States v. Turner, No. 11-196-cr (2nd Cir. 2013):
of judicial proceedings. United States v. Cain, 671 F.3d 271, 287 (2d Cir. 2012). "[T]he burden of establishing entitlement to relief for plain error is on the defendant claiming it . . . ." United States v. Dominguez Benitez, 542 U.S. 74, 82 (2004).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a court committed plain error by failing to correct an error? (MultiRegion, United States of America)
What is the test for establishing "plain error" in a medical malpractice case? (MultiRegion, United States of America)
What is the test for establishing a "plain error" in a jury instruction de novo? (MultiRegion, United States of America)
What is the test for establishing plain error in a motion? (MultiRegion, United States of America)
Is there any case law where a defendant admitted to making an error of plain error in making statements at trial? (MultiRegion, United States of America)
What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal? (MultiRegion, United States of America)
What is the "plain error" standard in the review of unpreserved errors? (MultiRegion, United States of America)
What is the burden of proving that a constitutional error or procedural error contributed to a sentence imposed by a plea? (MultiRegion, United States of America)
In a motion seeking to vacate a conviction for a breach of supervised release, what is the burden of making out plain error? (MultiRegion, United States of America)
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution? (MultiRegion, United States of America)
