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Plain Error Archives

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 adversely affected; the issue must not have been waived for tactical reasons; and that consideration is necessary to do substantial justice.

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 adversely affected; the issue must not have been waived for tactical reasons; and that consideration is necessary to do substantial justice.

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 adversely affected; the issue must not have been waived for tactical reasons; and that consideration is necessary to do substantial justice.

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 substantive right of the accused must be adversely affected, the issue must not have been waived for tactical reasons, and that consideration is necessary to do substantial justice. In the recent Tennessee case of State v. Guilfoy, M2012-00600-CCA-R3-CD (Tenn.Crim.App. 5-13-2013), the Court of Criminal Appeals declined plain error review of whether video recorded accusations by the child victims were properly admitted into evidence in a trial for rape of a child and aggravated sexual battery.

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 substantive right of the accused must be adversely affected, the issue must not have been waived for tactical reasons, and that consideration is necessary to do substantial justice. In the recent Tennessee case of State v. Guilfoy, M2012-00600-CCA-R3-CD (Tenn.Crim.App. 5-13-2013), the Court of Criminal Appeals declined plain error review of whether video recorded accusations by the child victims were properly admitted into evidence in a trial for rape of a child and aggravated sexual battery.

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 substantive right of the accused must be adversely affected, the issue must not have been waived for tactical reasons, and that consideration is necessary to do substantial justice. In the recent Tennessee case of State v. Guilfoy, M2012-00600-CCA-R3-CD (Tenn.Crim.App. 5-13-2013), the Court of Criminal Appeals declined plain error review of whether video recorded accusations by the child victims were properly admitted into evidence in a trial for rape of a child and aggravated sexual battery.

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