Tag Archives: Davis v. United States

SCOTUS Opinion: Appellate Courts Must Review Late-Raised Arguments For Plain Error

Federal Rule of Criminal Procedure 52(b) provides that where a criminal defendant fails to raise an argument in the district court, the appellate court can review the issue for plain error. The Fifth Circuit, as opposed to other circuits, had the practice of refusing to review factual matters not raised before the district court. In Davis v. United States, a ... Read More