Were Thomas Berger and H. L. Davis thought to be underappreciated?
H. L. Davis Harold Lenoir Davis (October 18, 1894–October 31, 1960), also known as H. L. Davis, was an American novelist and poet. A native of Oregon, he won the Pulitzer Prize for his novel "Honey in the Horn", the only Pulitzer given to a native Oregonian. Later living in California and Texas, he also wrote short stories for magazines such as "The Saturday Evening Post".
Musacchio v. United States Musacchio v. United States, 577 U.S. ___ (2016) was a case in which the Supreme Court of the United States clarified procedures for appellate review when the government does not object to an erroneous jury instruction that adds elements to a criminal offense as well as whether a defendant may raise a statute of limitations defense for the first time on appeal. In a unanimous opinion written by Justice Clarence Thomas, the Court held that when reviewing a claim that the government failed to demonstrate sufficient evidence to substantiate a criminal offense, an appellate court should assess the elements of the alleged crime, rather than the elements that were described in jury instructions. Justice Thomas explained that "[a] reviewing court’s limited determination on sufficiency review ... does not rest on how the jury was instructed." Additionally, with respect to the statute of limitations issue, Justice Thomas held that a statute of limitations defense cannot be raised for the first time on appeal.