Case Summaries – N.C. Supreme Court (August 13, 2021)

This post summarizes criminal decisions released by the Supreme Court of North Carolina on August 13, 2021. A defendant does not forfeit their Fifth Amendment right to silence if they give notice of intent to offer an affirmative defense. The State may not preemptively impeach a defendant who has not testified. State v. Shuler, ___ N.C. ___, ___ S.E.2d ___ (August 13, 2021). The defendant was charged with felony trafficking in methamphetamine and misdemeanor simple possession of marijuana. Prior to trial, the defendant filed a notice of her intent to rely upon the affirmative defense of duress. At trial, the detective who was present at the scene testified for the State during its case-in-chief. Over defense counsel’s objection, the State asked the detective if the defendant made “any statements” about another person when she handed over the substances in her possession, to which the detective responded in the negative. The defense counsel asked for the court to excuse the jury and moved for a mistrial arguing that the State’s questions had “solicited an answer highlighting [the defendant’s] silence at the scene.” Slip op. at ¶ 6. After conducting a voir dire to determine the admissibility of the detective’s testimony, the trial court ultimately allowed the State to ask the question again when the jury returned. After the State’s case-in chief, the defendant took the witness stand to testify in her own defense. At the close of all the evidence, the trial court instructed the jury on the defense of duress, and [...]