Section 10.77 Plain Error

• Library: App Ct Prac 2015 Supp

F. (§10.77) Plain Error

When the error was not preserved in the trial court, the appellate court may still examine the error under the plain error rule. Rules 29.12(b) and 30.20. In order to successfully invoke this rule, the appellant must demonstrate a sound, substantial manifestation and a strong, clear showing that injustice or a miscarriage of justice will result from failure to examine the error. State v. Howard, 540 S.W.2d 86 (Mo. banc 1976). When the evidence of guilt is overwhelming, it is extremely difficult to convince a court that there is any injustice or miscarriage of justice. State v. Wendell, 542 S.W.2d 339 (Mo. App. S.D. 1976).

When there is a close evidentiary question or when the guilt of the defendant is in doubt, the implication of the plain error rule appears to be more likely. State v. Stockbridge, 549 S.W.2d...