holding that a trial court's instruction that the stipulated facts were to be accepted to which defendant did not object, did not warrant a reversal under the plain error rule
How later courts described this case
- holding that a trial court's instruction that the stipulated facts were to be accepted to which defendant did not object, did not warrant a reversal under the plain error rule
- holding that the district court’s instruction to the jury that it must “accept” the stipulated fact of the defendant’s prior felony conviction did not amount to plain error
- holding that third-degree robbery, a violation of § 3701(a)(1)(v), qualified as a violent felony under ACCA
- finding that the jury should be informed about a stipulated element
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
Jan. 31, 1997
The petition for rehearing filed by appellant Anthony Cornish in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court in banc, is denied.