· 12/24/2003
United States v. David Wayne Monroe
Citations
- 353 F.3d 1346
- 2003 U.S. App. LEXIS 26285
- 2003 WL 23005180
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “courts may consider the whole record when considering whether Rule 11 error occurred or prejudiced a defendant”
- concluding, in the Federal Rule of Criminal Procedure 11 context, that a reviewing court may consult the whole record when considering whether a guilty-plea error occurred or prejudiced the defendant
- explaining that plain error review, unlike harmless error review, puts “the burden of persuasion with respect to prejudice or the effect on substantial rights” on the defendant, not the government
- describing Telemaque as a case in which there was “a total failure” to explain the charge
- “Under plain-error review, the silent defendant has the burden to show the error plain, prejudicial, and disreputable to the judicial system.” (quotations omitted)
- “[T]his Court has not automatically reversed a conviction simply because a defendant has shown a Rule 11 error.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Marcus, Stahl
Read full opinion on CourtListenerSourced 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.