United States v. Marcus

Background

Glenn Marcus, a man charged with forced labor and sex trafficking, was convicted at trial for conduct spanning before and after the Trafficking Victims Protection Act took effect on October 28, 2000. The jury heard evidence covering that whole period. Marcus argued on appeal for the first time that the jury could have convicted him solely on conduct that was not criminal when it occurred, and he asked the appeals court to set aside the conviction.

Reasoning

The Court considered whether the Second Circuit’s rule—that any possibility the jury relied only on prelaw conduct requires reversal—matches the Federal Rule allowing review of clear mistakes not raised at trial. The Court held the Second Circuit’s approach conflicts with this Court’s established four-part test. An appellate court should correct an unraised error only if it is clear, likely affected the outcome, and seriously undermines the fairness, integrity, or public reputation of the proceedings. The Court found the error here was not a type that automatically qualifies as such and reversed the Second Circuit’s bright-line rule.

Real world impact

The Court sent the case back to the Second Circuit to apply the proper test and decide whether the trial error here actually prejudiced Marcus or harmed the trial’s fairness. The ruling limits automatic retrials whenever there is merely a remote possibility the jury relied only on conduct predating a law. Justice Sotomayor took no part in the decision.

Dissents or concurrances

Justice Stevens dissented, arguing the trial error likely prejudiced Marcus and that the Second Circuit reasonably exercised its discretion to order a new trial.