Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows courts to review beyond the trial record when analyzing whether the error affected a defendant's substantial rights or impacted the fairness, integrity, or public reputation of the trial

QUESTION PRESENTED Whether plain-error review for failure to instruct on an element of the offense, base upon an intervening U.S. Supreme Court decision, allows courts to review beyond the trial record when analyzing whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial.