Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Henderson v. U.S.

Docket No. Op. Below Argument Opinion Vote Author Term
11-9307 5th Cir. Nov 28, 2012
Tr.Aud.
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

DateProceedings and Orders
Mar 14 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012)
Apr 10 2012Order extending time to file response to petition to and including May 16, 2012.
May 14 2012Order further extending time to file response to petition to and including May 25, 2012.
May 23 2012Brief of respondent United States filed.
May 30 2012DISTRIBUTED for Conference of June 14, 2012.
Jun 18 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 25 2012Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jul 6 2012Motion to appoint counsel filed by petitioner Armarcion D. Henderson.
Jul 24 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012.
Jul 24 2012The time to file respondent's brief on the merits is extended to and including October 19, 2012.
Jul 25 2012Motion DISTRIBUTED for Conference of September 24, 2012.
Aug 30 2012Brief of petitioner Armarcion D. Henderson filed.
Sep 6 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 14 2012SET FOR ARGUMENT ON Wednesday, November 28, 2012.
Oct 1 2012Motion 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 2012Record received from U.S.C.A. for 5th Circuit. (1 envelope)
Oct 2 2012Record received from U.S.D.C. for Western District of Louisiana. (1 box)
Oct 4 2012Motion to dispense with printing the joint appendix filed by petitioner Armarcion D. Henderson.
Oct 15 2012Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 17 2012CIRCULATED.
Oct 19 2012Brief of respondent United States filed.
Nov 19 2012Reply of petitioner Armarcion D. Henderson filed. (Distributed)
Nov 28 2012Argued. 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 2013Judgment 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 2013JUDGMENT ISSUED.
May 8 2013Record returned to U.S.C.A. for 5th Circuit.
May 8 2013Record returned to U.S.D.C. for Western District of Louisiana.
 
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