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It adds, however, that the court at its option may notice a plain error not assigned or specified.
was a plain error, falling into the loss of a pawn following 19 Ne5 Bf6 20 Qh5 Be5 219Ra2 Rc3 22 Qd19
'Points not presented according to the rules of the court, will be disregarded, though the court, at its option, may notice and pass upon a plain error not pointed out or relied upon.' Rule 17(i).
1127, 1137, 41 L.Ed. 289 (1896) ("although this question was not properly raised, yet if a plain error was committed in a matter so absolutely vital to defendants, we feel ourselves at liberty to correct it").
True they were at the tail and this is the most trying position, but to face the seas in an attempt to return was a doubtful choice; the masters' decision is final unless they made a plain error.
That would be a plain error.
Similar(54)
We have stated on several occasions that we ordinarily defer to the construction of a state statute given it by the lower federal courts unless such a construction amounts to plain error.
Instead, the government argued, the defendants should have to show that the sentences were "plain error," a difficult showing in light of the evidence of the scale of the conspiracy.
If plain error was a possibility, I do not think The Times should have printed the charge without strong evidence.
Responding to Mr. Burton's appeal, Burton v. United States, No. 99-9902, the Solicitor General's office told the court that imposing a life sentence based on a factual determination by the judge was "plain error" under the Apprendi decision.
And if an appellate court holds that a trial court's ruling was not "plain error," that does not mean that the appellate court believes the trial court necessarily reached the correct result or would have affirmed the ruling if the review were more searching.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com