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· 3/21/2001

United States v. Brian W. Cooper

Citations

  • 243 F.3d 411
  • 56 Fed. R. Serv. 865
  • 2001 U.S. App. LEXIS 4167
  • 2001 WL 274837

How courts have described this case

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

  • holding that a de- fendant waives an evidentiary objection when he refers to that evidence at trial
  • holding that the defendant waived (as opposed to forfeited) any objection to the admission of evidence where conduct of the defendant’s attorney demonstrated it was a strategic decision not to object, as opposed to a mere oversight
  • explaining that waiver occurs “where either a defendant or his attorney expressly declined to press a right or to make an objection”
  • noting that forfeited arguments are reviewable for plain error but waived arguments are not
  • finding argument waived because failure to raise it in district court “was clearly a strategic decision rather than a mere oversight”
  • finding argument waived because failure to raise it in district court was not “a mere oversight”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Manion, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.