Smith's Criminal Case Compendium

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State v. Whitted, 209 N.C. App. 522 (Feb. 15, 2011)

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Criminal Procedure > Trial in the Defendant’s Absence; Right to Be Present

(1) The trial court did not err by failing to instruct the jury about the defendant’s absence from the habitual felon phase of the trial. Because the trial court did not order the defendant removed from the courtroom, G.S. 15A-1032 did not apply. Rather, the defendant asked to be removed. (2) The trial court did not err by accepting the defendant’s oral waiver of her right to be present during portions of her trial.