State v. Kelly
Annotate this CaseDefendant was convicted of felony murder and four other charges in connection with the death of the victim. The court granted the State's interlocutory appeal in which it challenged the grant of a new trial to defendant as a result of the finding of a fatal omission in the jury charge, to address (1) the circumstances under which an appellate court could review alleged jury instruction errors to which no objection was raised at trial; and (2) assuming such review was appropriate in this case, whether the trial court correctly held that the omission in the jury charge here constituted plain error. The court held that, while the trial court did properly conduct a plain error review of the unobjected-to jury charge, the court erred in holding that the omission in the charge did in fact constitute plain error. Accordingly, the court reversed and remanded.
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