State v. Favel

JUSTICE MCKINNON,

specially concurring.

¶31 I write separately to address some issues that have arisen within *482our plain error jurisprudence, which seem to be contributing to its state of disarray. First, we have adopted two distinct lines of analysis for evaluating unpreserved claims of error under the plain error doctrine. Second, adding to the confusion, we have been inconsistent with respect to the meaning of the term “plain error review,” “plain error doctrine,” and “plain error,” particularly as it relates to a decision declining to exercise, conduct, or otherwise engage in the standard of…