State v. Boyd, 366 N.C. 548 (Jun. 13, 2013)

For the reasons stated in the dissenting opinion below, the court reversed State v. Boyd, 222 N.C. App. 160 (Aug. 7, 2012), and held that no plain error occurred in a kidnapping case. In the decision below, the court of appeals held, over a dissent, that the trial court committed plain error by instructing the jury on a theory of second degree kidnapping (removal) that was not charged in the indictment or supported by evidence. The dissenting judge did not believe that the error constituted plain error.