Michael R. Capps v. United States
JusticiabilityDoctri
To preserve a claim of error, is it enough that a party has informed the court of the action it wishes the court to take, as Rule 51(b) provides, or must the party also state grounds therefor?
Rule 51(b) of the Federal Rules of Criminal Procedure provides that a “party may preserve a claim of error by informing the court . . . of the action the party wishes the court to take, or the party’s objection to the court’s action and the grounds for that objection.” Fed. R. Crim. P. 51(b). The rule expressly requires a party that objects to state “grounds for that objection” to preserve a claim of error. It does not say that a party must provide grounds when informing the court of the action the party wishes the court to take. The question presented is: To preserve a claim of error, is it enough that a party has informed the court of the action it wishes the court to take, as Rule 5 1(b) provides? Or must the party also state grounds therefor, notwithstanding that the rule contains no such requirement?