State v. Burgin

Believing as I do that the “plain error” doctrine has no proper place in the law of evidence, I concur in the result reached in part I of the majority opinion. State v. Black, 308 N.C. 736, 303 S.E. 2d 804 (1983) (Martin, J., concurring). In this regard, it is notable that the Evidence Code, N.C.G.S. 8C, became effective 1 July 1984. It does not contain a reference to the “plain error” doctrine created by the federal courts and adopted by a majority of this Court in Black, but, rather, provides that “an appellate court may review errors affecting substantial rights if it determines, in the…