Category: Plain Error
Inference of Tactical Decision Blocks Plain Error Review
As addressed in the previous post, “plain error” review may still occur on direct appeal for issues which were not properly preserved for appeal. The criteria for plain error review includes that the record must clearly establish what happened; a clear and unequivocal rule must be breached; a substantive right of the accused must be
Admission of Recorded Accusations Not Plain Error
Appellate courts may occasionally conduct “plain error” review of issues which were not properly preserved for appeal at the trial court level. To review an issue for plain error, a set of criteria must be met, which include that the record must clearly establish what happened, a clear and unequivocal rule must be breached, a