Harris v. United States

On two prior occasions, the en banc court has defined plain error. See Allen v. United States, 495 A.2d 1145 (D.C.1985) (en banc); Watts v. United States, 362 A.2d 706 (D.C.1976) (en banc). Thus, the government agrees that plain error occurs when “the error complained of [is] so clearly prejudicial to substantial rights as to jeopardize the very fairness and integrity of the trial.” Watts, supra, 362 A.2d at 709. It further agrees that the plain error rule applies to “a trial infected with error so ‘plain’ the trial judge and prosecutor were derelict in countenancing it, even absent the…