On Point blog, page 1 of 1
SCOTUS will clarify plain error doctrine’s prejudice requirement
Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page
Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity or public reputation of the trial.
SCOTUS to address how plain error doctrine applies to defective plea colloquy
United States v. Gary, No. 20-444, cert granted 1/8/21; SCOTUSblog page
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
SCOTUS to review illegal reentry after deportation
United States v. Palomar-Santiago, No. 20-437, cert granted 1/8/21; SCOTUSblog page
Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on a misclassification of a prior conviction.