Ala. R. App. P. 45
In all cases in which the death penalty has been imposed, the Court of Criminal Appeals may, but shall not be obligated to, notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.
Ala. R. App. P. 45
Committee Comments
Rule 45 is former Alabama Supreme Court Rule 45, slightly modified. The former reference in the rule to reversal of judgments or new trials granted "by this court or by any other court of this state" has been deleted, since the rule is now intended to apply to the courts of appeals as well as to the supreme court, but inasmuch as these are appellate rules, the reference to "any other court of this state" is inappropriate. It should be noted that ARCP Rule 61, Harmless Error, is substantially equivalent to this rule.
Prior Rule 45 was broad enough in its language to permit a liberal application within the spirit of these rules.
"Note from the reporter of decisions: The order amending Rule 45A, Alabama Rules of Appellate Procedure, effective January 12, 2023, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d."
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