Smith's Criminal Case Compendium
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State v. Clark, 231 N.C. App. 421 (Dec. 17, 2013)
By failing to object, the defendant waived his right to appeal the issue of whether the trial court erred by informing prospective jurors, pursuant to G.S. 15A-1213, that the defendant had given notice of self-defense. During jury selection, the trial court stated: “Defendant, ladies and gentlemen, has entered a plea of not guilty and given the affirmative defense of self-defense.” The court rejected the defendant’s argument that the trial judge acted contrary to the statutory mandate of G.S. 15A-905(c), a discovery statute providing that on the State’s motion, the defendant must give notice of an intent to offer certain defenses at trial, including self-defense, and that the defendant’s notice of defense is inadmissible at trial. The court stated that the trial judge did not act contrary to the statutory mandate on orienting the jury in G.S. 15A-1213 and, in fact, the opposite was true. Therefore, as the defendant failed to preserve the issue, the court declined to address the merits of his argument on appeal.