The Plain Error Rule In North Carolina
In State v. Odom, 307 N.C. 655, 660, 300 S.E.2d 375, 378 (1983), the North Carolina Supreme Court adopted the "plain error" analysis with regard to errors in jury instructions.
As stated in Odom:
The plain error rule is always to be applied cautiously and only in the exceptional case where, after reviewing the entire record, it can be said the claimed error is a fundamental error, something so basic, so prejudicial, so lacking in its elements that justice cannot have been done, or where the error is grave error which amounts to a denial of a fundamental right of the accused, or the error has resulted in a miscarriage of justice or in the denial to appellant of a fair trial or where the error is such as to seriously affect the fairness, integrity or public reputation of judicial proceedings or where it can be fairly said the instructional mistake had a probable impact on the jury's finding that the defendant was guilty. Id.