R.I. Super. Ct. R. Crim. P. 52
Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded.
R.I. Super. Ct. R. Crim. P. 52
1972 Notes
This rule is the same as subdivision (a) of Federal Rule 52 and accords with existing Rhode Island practice with respect to harmless error. See, e.g., State v. Brown, 96 R.I. 236, 242, 190 A.2d 725 (1963); cf. G.L.1956 (1969 Reenactment), §§ 9-24-24; 12-12-3; 12-22-13; Rule 61, R.I.Super.R.Civ.P.
The rule differs from its federal counterpart by the deletion therefrom of subdivision (b) which permits "plain errors or defects affecting substantial rights" to be noticed even though not objected to by a party. This provision, which was obviously intended to apply in appellate proceedings (See Advisory Comm. Notes, 4 F.R.D. 405, 436 (1946)), would conflict with the present rule of the Rhode Island Supreme Court under which appellate review is limited strictly to rulings to which exceptions have been taken. The only qualification to the Court's rule is a situation where strict adherence would deprive a defendant of rights protected under the Federal Constitution. State v. Quattrocchi, 103 R.I. 115, 117 n. 1, 235 A.2d 99 101-n. 1 (1967); State v. Frazier, 103 R.I. 199, 200-01, 235 A.2d 886, 887 (1967); State v. Franklin, 103 R.I. 715, 728-29, 241 A.2d 219 (1968). Despite this exception to the general rule, the Supreme Court does not count Rhode Island among those jurisdictions "where ... plain error affecting substantial rights may be considered on review even though not raised at trial." State v. Quattrocchi, supra at 124, 235 A.2d 99 at 104.