Topic: to prevail under a plain error analysis, the appellant bear… · Go Syfert
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Topic #5072

3 canonical passages across 2 cases, quoted by 67 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Scalo.

#Case FlagCanonical passage Citers
1 United States v. Scalo Anchor
armfor · 2005
green “to prevail under a plain error analysis, the appellant bears the burden of showing that: '(1) there was an error; (2) it was plain or obvious; and (3) the error materially prejudiced a substantial right.” 31
2 United States v. Scalo
armfor · 2005
green “(1) there was an error; (2) it was plain or obvious; and (3) the error materially prejudiced a substantial right.” 19
3 United States v. Gladue
armfor · 2009
green “consistently distinguish between the terms 'waiver' and 'forfeiture.” 17

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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