Case Summaries: N.C. Court of Appeals (Sept. 3, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 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. Dismissal of juror for taking home notes did not justify granting motion for mistrial. State v. Galbreath, COA 24-48, ___ N.C. App. ___ (Sept. 3, 2024). In this Wake County case, defendant appealed his convictions for statutory rape of a child, sex offense with a child, and indecent liberties with a child, arguing error in denying his motion for a mistrial after one juror was dismissed for taking home notes during the trial. The Court of Appeals found no error. Defendant sexually abused his daughter from November of 2018 to August of 2019, when the daughter called police after defendant struck her. At trial, the daughter testified as to the repeated sexual abuse she experienced. During the State’s case, a bailiff noticed that Juror 4 tore out pages of notes and took them with her when court recessed for the day. One of the DA’s legal assistants also noticed Juror 4 discussing research she did, including possibly child or psychological development. The trial court questioned Juror 4, who denied having conversations about development but admitted to tearing out pages of notes; the trial court removed her and appointed an alternate juror in her place. Defense counsel moved for a mistrial, and the trial court examined each juror individually, inquiring [...]