State v. Schnabel.

Dissenting Opinion by

RECKTENWALD, C.J.,

in which NAKAYAMA, J., joins.

This case requires us to consider one of the recurring questions faced by appellate courts in an adversarial system of justice: whether to address a possible error in the admission of evidence against a defendant in a criminal case, when the defendant failed to object in the trial court. We have visited this issue many times recently, utilizing the principle of plain error that is expressly set forth in Hawai'i Rules of Penal Procedure (HRPP) Rule 52(b). The court today relies on plain error and concludes that it is…