Historically, criminal defense counsel have been required to make timely procedural motions and contemporaneous objections to trial or pretrial errors or lose forever the right to raise those errors on appeal. In recent years, exceptions to this general rule favoring finality of litigation have proliferated. Mr. Wangerin suggests a theory underlying these previously undefined exceptions and outlines a method for identifying errors that justify appellate review despite procedural default.
Paul T. Wangerin, “Plain Error” and “Fundamental Fairness”: Toward a Definition of Exceptions to the Rules of Procedural Default, 29 DePaul L. Rev. 753 (1980).