Eleventh Circuit Splits With Second Circuit Re Excusing Failure to Raise Objection Due to Anticipated Judicial Disapproval

Here is an excerpt from a post from the Florida Legal Blog noting a split between the Second and Eleventh Circuits regarding excusing the failure to make objections that judges may dislike:

In United States v. Rodriguez (08-16696), the Eleventh Circuit disagreed with the Second Circuit and began its opinion as follows:

This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the contemporaneous objection rule. Unless there is such an exception, the only issue that the appellant is pressing on appeal is barred for failure to object because she cannot meet the requirements of the plain error rule. Disagreeing with the Second Circuit, we hold that the possibility a judge may be unhappy with an objection does not excuse the failure to make it.

Read the full post here.


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