What is the test for a motion to overturn a criminal conviction on the basis of "plain error"?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bosch, 951 F.2d 1546 (9th Cir. 1991):
"A plain error is a highly prejudicial error affecting substantial rights." United States v. Giese, 597 F.2d 1170, 1199 (9th Cir.), cert. denied, 444 U.S. 979, 100 S.Ct. 480, 62 L.Ed.2d 405 ... (1979). Reversal of a criminal conviction on the basis of plain error is an exceptional remedy, which we invoke only when it appears necessary to prevent a miscarriage of justice or to preserve the integrity and reputation of the judicial process. Id.
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