State v. Hatfield, 225 N.C. App. 765 (Mar. 5, 2013)

The court reversed and remanded for a new trial where the trial court failed to exercise its discretion regarding the jury’s request to review the victim’s testimony and the error was prejudicial. Responding to the jury’s request, the trial court stated, in part, “We can’t do that.” This statement suggests that the trial court did not know its decision was discretionary.