Rule 52 – Harmless error and plain error

May 14, 2021 | Criminal Procedure, West Virginia

(a)Harmless error. – Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded.
(b)Plain error. – Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.

W.Va. R. Crim. P. 52

Effective October 1, 1981.