Case Summaries – N.C. Court of Appeals (Nov. 15, 2022)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 15, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. COVID-19 emergency order did not deprive superior court of jurisdiction; modified jury selection procedure did not represent error; exhibits containing Facebook messages and firearm documentation were relevant and not barred as hearsay. State v. Woodley, 2022-NCCOA-746, ___ N.C. App. ___ (Nov. 15, 2022). In this Pasquotank County case, defendant appealed his conviction for first-degree murder, arguing the trial court erred in several matters related to the COVID-19 pandemic and by admitting irrelevant and hearsay testimony. The Court of Appeals found no error. In May of 2018, defendant was in an altercation in Elizabeth City; defendant pulled a gun as the victim ran away and shot him several times in the back. The matter reached trial on January 11, 2021, after delays related to COVID-19. On the first day of trial, defense counsel made a motion to continue, arguing that she did not feel safe proceeding due to COVID-19. The trial court denied the motion to continue. The trial was subject to capacity limitations and modified jury selection procedures to limit the proximity of those in the courtroom, leading to additional issues on appeal. Defendant first argued that the trial court lacked subject-matter jurisdiction to hear the case, pointing to the emergency orders from then-Chief Justice Beasley issued on December [...]