No. 24-6330

Michael R. Capps v. United States

Lower Court: Tenth Circuit
Docketed: 2025-01-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review claim-of-error court-procedure federal-rules-of-criminal-procedure legal-objection preservation-of-issues
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-02-21
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-27
Waiver of United States of right to respond submitted.
2025-01-27
Waiver of right of respondent United States to respond filed.
2025-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2025)

Attorneys

Michael R. Capps
Jacob Rasch-ChabotOffice of the Federal Public Defender, Petitioner
Jacob Rasch-ChabotOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent