Puckett v. United States

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Contents 1 Briefs and Documents 2 Pre-Argument Articles 2.1 Grant write-up 2.2 Argument Preview 3 Oral Argument Recap 4 Opinion Analysis 5 Links and further information

[edit] Briefs and Documents

Docket: 07-9712

Issue: Whether forfeited claims that the government breach a plea agreement are subject to “plain error” review.

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

Merit Briefs:

• Brief for Petitioner James Benjamin Puckett
• Brief for Respondent United States of America
• Reply Brief for Petitioner James Benjamin Puckett

Amicus briefs

• Brief for the National Association of Criminal Defense Lawyers in Support of Petitioner

Oral Argument

Transcript

Opinion

AFFIRMED in an opinion by Justice Scalia

[edit] Pre-Argument Articles

[edit] Grant write-up

[edit] Argument Preview

[edit] Oral Argument Recap

[edit] Opinion Analysis

The Supreme Court ruled Wednesday that, if federal prosecutors violated a plea bargain with an accused who pleads guilty, that must be brought out at the trial and thus cannot be challenged for the first time on appeal. On a 7-2 vote, the Court cleared up a conflict among lower courts by narrowing a federal rule that allows an exception to the usual rule that a claim not made at trial is forfeited and cannot be raised on appeal. The ruling came in the case of Puckett v. U.S. (07-9712). Justice Antonin Scalia wrote for the Court; Justice David H. Souter dissented, joined by Justice John Paul Stevens.

[edit] Links and further information