Morris v. Painter

In this case the appellant, Claude Ray Morris, presented a single assignment of error in his brief. Mr. Morris asked this Court to order his transfer to the psychiatric facility at William Sharpe State Hospital. The majority opinion has elected to ignore the relief prayed for in Mr. Morris’ brief and has, instead, determined that his convictions and sentences should be vacated. I believe the majority was without authority to grant such relief. Therefore, I dissent.

A. The Plain Error Doctrine Cannot Be Invoked to Address an Issue That Has Been Expressly Waived.

In the petition for appeal filed…