Legal Definitions - obvious error

Definition: Obvious error is a legal term used to describe a mistake made during a trial that is so serious that it results in a clear injustice. This standard of review applies to actions or omissions that were not objected to during the trial.

Examples:

• A judge allows inadmissible evidence to be presented to the jury, which clearly prejudices the defendant's case.
• The prosecutor makes a statement to the jury that is clearly false and unfairly damages the defendant's credibility.

These examples illustrate how an obvious error can occur during a trial and result in a manifest injustice. In both cases, the mistake was not objected to during the trial, but it was serious enough to have a significant impact on the outcome of the case. The standard of review for obvious error is high because it is meant to protect the rights of the defendant and ensure a fair trial.