Legal Opinion

State v. Abbitt

Court of Appeals of North Carolina

Decided April 2, 1985No. 8421SC394PublishedCited by 3 opinions

1Opinion of the Court

PARKER, Judge.

In his two assignments of error defendant argues that although he failed to object at trial to the alleged errors, we should review these errors by applying the plain error rule as adopted by our Supreme Court in State v. Odom, 307 N.C. 655, 300 S.E. 2d 375 (1983). The plain error rule allows review of assignments of error normally barred by waiver rules such as Rule 10, Rules of Appellate Procedure. The rule is defined as follows:

“[T]he plain error rule ... is always to be applied cautiously and only in the exceptional case where, after reviewing the entire record, it can be…

2Cases cited12 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Harris v. New YorkSupreme Court of the United States · 1971
  3. Jenkins v. AndersonSupreme Court of the United States · 1980
  4. State v. OdomSupreme Court of North Carolina · 1983
  5. Fletcher v. WeirSupreme Court of the United States · 1982

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. KeysCourt of Appeals of North Carolina · 1987
  2. State v. KeysCourt of Appeals of North Carolina · 1987
  3. State v. McCallCourt of Appeals of North Carolina · 2025

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