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Article: II. Johnson v. United States: A new look at the plain element of plain error when there are intervening U.S. Supreme Court decisions
- Article from:
- American Journal of Criminal Law
- Article date:
- April 1, 1997
- Author:
CopyrightCopyright University of Texas, Austin, School of Law Publications, Inc. Spring 1997. Provided by ProQuest LLC. (Hide copyright information)
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II. Johnson v United States: A New Look at the Plain Element of Plain Error When There Are Intervening U.S. Supreme Court Decisions
The United States Supreme Court recently held in Johnson v United States,34 that the plainness requirement of the plain error rule of Federal Rule of Criminal Procedure 52(b) may be satisfied at the time of appeal, even though at the time of trial the ruling was in compliance with settled precedent.35 In Johnson, the petitioner perjured herself before a federal grand jury that was investigating the disposition of proceeds from the alleged drug trafficking activities of her boyfriend.36 Johnson's monetary stature was suspicious because she owned five pieces of ...