Recuenco and the complicated interplay of error
In this recent post, I noted that on Monday the Supreme Court will finally hear argument in Washington v. Recuenco (docket 05-83) to explore whether Blakely errors can be subject to harmless-error analysis or instead are structural errors. I also detailed reasons why a seemingly little Blakely issue could still makes for a big case in Recuenco. (Most Recuenco posts are assembled in this archive and highlights are linked in this post.)
A key point for the intersection of Blakely issues and error review issues in Recuenco is that the defendant preserved his jury trial claim and thus the case does not directly implicate any plain error doctrines relating to unpreserved claims. However, a ruling in Recuenco still could impact some Blakely/Booker plain error litigation; there is a complicated interplay between harmless/structural error doctrines and plain error doctrines.
To better understand this interplay, I asked a top-shelf research assistants to try to unpack how Recuenco might impact plain error issues. My terrific RA produced two brilliant documents: (1) a cogent memo walking though these error issues, and (2) a detailed appendix assembling Booker plain error doctrines as developed by the federal circuit courts. Both great documents are provided for download below: