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Section/Rule:
29.12
Subject:
Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Harmless Error, Plain Error and Clerical Mistakes
Revised / Effective Date:
January 1, 1980
29.12. Misdemeanors or Felonies - Harmless Error, Plain Error and Clerical Mistakes
(
a
)
Harmless Error.
Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded.
(
b
)
Plain Error.
Plain errors affecting substantial rights may be considered in the discretion of the court when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.
(
c
)
Clerical Mistakes.
Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time after such notice, if any, as the court orders.
(Adopted June 13, 1979, eff. Jan. 1, 1980.)
Committee Note - 1980
Paragraph (a) is the same as Fed.R.Crim.P. 52(a).
Compare: Prior Rule
26.04
.
Paragraph (b) is substantially the same as prior Rule 27.20(c).
Compare: Rule
78.08
and Fed.R.Crim.P. 52(b).
Paragraph (c) is the same as Fed.R.Crim.P. 36.
Compare: Prior Rule
26.04
and prior Rule 26.05.