Case Summaries – N.C. Court of Appeals (Nov. 17, 2020)

This post summarizes published opinions issued by the Court of Appeals of North Carolina on November 17, 2020. (1) The trial court properly declined to instruct on the defense of justification because undisputed trial evidence showed that the defendant continued to possess the firearm well after any potential threat had ended, despite many options for relinquishing possession; (2) The trial court improperly imposed attorneys’ fees without providing notice and an opportunity to be heard. State v. Crooks, ___ N.C. App. ___, ___ S.E.2d ___ (Nov. 17, 2020). (1) The State and the defendant’s version of events were inconsistent. For purposes of determining the sufficiency of the evidence supporting a jury instruction on justification, the Court of Appeals recounted the defendant’s version of events. The defendant was in David Harrison’s trailer drinking bourbon when Harrison suddenly stood up while only a few feet from the defendant, pulled a pistol out of his pocket, pointed it toward the wall near the defendant, and fired a shot at the wall. Before pulling out the gun, Harrison had not threatened the defendant in any way, nor did he appear angry or upset. As soon as Harrison fired the shot at the wall, the defendant grabbed the pistol from Harrison and left the trailer. The defendant went to look for Karen Tucker, who was dating his father, and who he believed would be sober and safely able to take the gun from him. When the defendant did not find Karen in her trailer, he waited with [...]