Henderson v. United States (2013)

Henderson v. United States
Argued November 28, 2012
Decided February 20, 2013
Full case nameArmarcion D. Henderson v. United States
Docket no.11-9307
Citations568 U.S. 266 (more)
133 S. Ct. 1121; 185 L. Ed. 2d 85; 2013 U.S. LEXIS 1611; 81 U.S.L.W. 4089
Case history
PriorUnited States v. Henderson, 646 F.3d 223 (5th Cir. 2011); rehearing en banc denied, 665 F.3d 160 (5th Cir. 2011); cert. granted, 567 U.S. 934 (2012).
Holding
The Supreme Court held that an error is deemed to be a "plain error" based on the law at the time of the appellate review of the case, not at the time of the trial. It is unreasonable to expect either the defendant or the trial court to predict the outcome of unsettled issues of law, therefore it is the role of the appellate court to review what is considered "plain error" at the time of the appellate review.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
MajorityBreyer, joined by Roberts, Kennedy, Ginsburg, Sotomayor, Kagan
DissentScalia, joined by Thomas, Alito

Henderson v. United States, 568 U.S. 266 (2013), was a United States Supreme Court case in which the Court held regardless of whether a legal question was settled or unsettled at the time of trial, an error is "plain" within the meaning of Rule 52(b) of Federal Rule of Criminal Procedure so long as the error was plain at the time of appellate review.[1]

  1. ^ Henderson v. United States, 568 U.S. 266 (2013).