Question Presented (from Petition)
When a criminal defendant does not timely file a pretrial motion raising a claim covered by Federal Rule of Criminal Procedure 12(b)(8), is his claim reviewable for plain error on appeal under Federal Rule of Criminal Procedure 52(b), as the Fifth, Sixth, and Eleventh Circuits have held, or is it unreviewable absent good cause under Federal Rule of Criminal Procedure 12(c)(3), as the Seventh, Eighth, Ninth, and Tenth Circuits have held?
Question Presented (AI Summary)
When a criminal defendant does not timely file a pretrial motion raising a claim covered by Federal-Rule-of-Criminal-Procedure-12(b)(8), is his claim reviewable for plain-error on appeal under Federal-Rule-of-Criminal-Procedure-52(b), or is it unreviewable absent good-cause under Federal-Rule-of-Criminal-Procedure-12(c)(3)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-17
Reply of petitioner TJ Cain filed.
2020-12-09
Brief of respondent United States in opposition filed.
2020-11-05
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
2020-11-03
Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
2020-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
2020-09-30
Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
2020-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2020)