State v. Faulkner

WYNN, Judge.

The plain error rule applies when the appellate court is “convinced that absent the error the jury probably would have reached a different verdict.” 1 Here, Defendant argues that the admission of testimony from several witnesses was plain error. Because we find that the State’s evidence as to Defendant’s guilt was substantial enough that the testimony in question was not determinative of the jury’s decision, we affirm Defendant’s conviction for second-degree murder.

On 7 June 2005, Defendant Melvin Curtis Faulkner was convicted of second-degree murder in the death of 22-month-old…