Appellate and Habeas Resources
Preservation of Error/Plain Error
- Beyer, Robert S (2017)(Reply Brief)Government wrongly seeks plain error review of
Rule 404(b) issue based on defense counsel's failure to cite Rule 404(b), because (1) counsel's told judge evidence that defendant got cash at a Strip Club ATM was purely
salacious, (2) the judge allowed the evidence by reminding counsel "it's a rule of inclusion instead of exclusion" is a maxim tied to Rule 404(b), and (3) the government
agreed the defense preserved a Rule 403 claim that the evidence was more prejudicial than probative.
Standards of Review
United States Supreme Court Caselaw and Practice