Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court.
S.D. Codified Laws § 23A-44-15
(Rule 52(b)) Plain error noticed though not brought to court's attention
Applied in 81 court decisions — leading case State v. Nelson (1998)
Most recently applied in State v. Ortiz-Martinez (August 2023)
Source: SL 1978, ch 178, § 548.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.