State v. Bruer, COA23-604, ___ N.C. App. ___ (Jun. 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 shackled. Defense counsel did not object to the shackling, but requested that defendant be seated at the witness stand before the jury was brought into the room so they would not see him walk awkwardly due to the shackles. 

Taking up (1), the Court of Appeals noted the State conceded the trial court erred in denying the motion for a mistrial. The court explained that the prejudicial effect of having an employee of the justice system make a statement regarding defendant’s former imprisonment justified a mistrial under State v. Mobley, 86 N.C. App. 528 (1987), and State v. Howard, 133 N.C. App. 614 (1999). Here, it was clearly error that the trial court failed to inquire whether the other prospective jurors heard the prison guard’s statement, and an abuse of discretion to deny defendant’s motion. 

Moving to (2), the court explained that substantial evidence showing defendant constructively possessed the firearm justified denial of defendant’s motion to dismiss. Specifically, defendant was in front of the office where three firearms were found, and one of the firearms was found in a cabinet next to a bill of sale for a truck defendant purchased. 

Finally, in (3) the court found that defendant invited error and did not preserve his challenge to the shackling issue. Defense counsel failed to object and even requested accommodations for the shackling so that the jury would not see defendant walking awkwardly.