Case Summaries: N.C. Court of Appeals (June 18, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 18, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Trial court erred by allowing a potential juror to reference defendant’s time in prison in front of other potential jurors. State v. Bruer, COA23-604, ___ N.C. App. ___ (June 18, 2024). In this Stanly County case, defendant appealed his convictions for possession with intent to sell and deliver methamphetamine, possession of cocaine, and possession of a firearm by a felon, arguing error in (1) denying his motion for a mistrial, (2) denying his motion to dismiss the possession of a firearm by a felon charge, and (3) failing to comply with the statutory requirements regarding shackling during the trial. The Court of Appeals agreed with defendant regarding (1) and granted a new trial. In April of 2018, law enforcement officers executed a search warrant at the auto repair shop where defendant worked, finding methamphetamine, cocaine, and firearms. Defendant was arrested along with several coworkers. When defendant came for trial in August of 2022, the State asked prospective jurors if they knew anyone involved in the trial. One juror, a prison guard, responded that he knew defendant from his time in prison. Defendant moved for a mistrial, arguing the jury pool had been tainted by hearing this statement. The trial court denied the motion. During the trial, defendant’s ankles were [...]