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· 7/27/2017

Brandon Powers v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • inferring that “a defendant’s choice to raise certain objec- tions at sentencing, but not others, was strategic and inten- tional.” (citations omitted)
  • clarifying that “waiver is a threshold con- sideration when reviewing for plain error”
  • explaining forfeiture arises when a party inadvertently fails to raise an argument in the district court
  • “We review forfeited arguments for plain error, whereas waiver extinguishes error and precludes appellate review.”
  • a defendant “obvious[ly]” and “intentionally” waives a sentencing challenge “when he affirmatively t[ells] the district court that he ha[s] no objection” (citation modi- fied)
  • defendant waived right to challenge supervised-release conditions by telling district court he did not object to the proposed conditions

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.