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United States v. Sandy Check
Fed.R.Evid. 103(d), expressly preserving the “plain error” doctrine of Rule 52 of the Federal Rules of Criminal Procedure, provides: “Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.” It is generally true, of course, that “[otherwise inadmissible hearsay to which no objection has been lodged may be considered by the trier-of-fact to the extent of its probative value.” United States v. Leaman, 546 F.2d 148, 150 (5th Cir.), cert. denied, 431 U.S. 917 , 97 S.Ct. 2180 , 53 L.Ed.2d 227…
Retrieving the full opinion text from the archive…
Ristau
v.
Henderson, Correctional Superintendent
v.
Henderson, Correctional Superintendent
No. 75-5407.
Supreme Court of the United States.
Nov 17, 1975.
Published
C. A. 2d Cir. Certiorari denied.