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· 12/16/2003

United States v. Deborah A. Brown

Citations

  • 352 F.3d 654
  • 2003 U.S. App. LEXIS 25301
  • 2003 WL 22953279

How courts have described this case

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

  • recognizing that the Government can “waive the waiver point” (internal quotation marks and alteration omitted)
  • finding no plain error in the district court’s decision to deny defendant’s religion-based Batson challenge to the Government’s use of peremptory strikes
  • noting the “difficulty of . . . finding plain error where this circuit has not previously spoken on an issue and there is no discernible consensus among other circuits”
  • noting the 3 “difficulty of . . . finding plain error where this circuit has not previously spoken 4 on an issue and there is no discernible consensus among other circuits”
  • “[I]t is not always necessary for the party alleging plain error to cite a circuit or Supreme Court precedent precisely on point. Plain error review is considerably more flexible.”
  • \There is. . . usually little question that any Batson error we find would affect a defendant's substantial rights the violation of which would result in manifest injustice.\ (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Miner, Calabresi

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.