State v. Diaz, ___ N.C. App. ___, 808 S.E.2d 450 (Nov. 21, 2017)

aff'd on other grounds, ___ N.C. ___, ___ S.E.2d ___ (Aug. 16, 2019)

In a case where the defendant was found guilty of abduction of a child, statutory rape and second-degree sexual exploitation, the trial court rejected the defendant’s argument that his constitutional right to a fair trial was violated when the State admitted into evidence his affidavit of indigency, which indicated that he was under a secured bond of $500,000 which had not been posted. Specifically, the defendant argued he was prejudiced by the jurors knowing that he was in custody and that the information on the affidavit violated the presumption of innocence. The court held that even if the jurors had inferred that the defendant was in custody and unable to pay the bond, his right to a fair trial was not violated. It noted that although there was some evidence that the defendant was in custody, he was not shackled or handcuffed in the courtroom.