State v.Stanley, 213 N.C.App. 545, 713 S.E.2d 196 (Jul. 19, 2011)

(1) The trial court did not abuse its discretion by failing to remove the defendant’s handcuff restraints during trial. The defendant was an incarcerated prisoner charged with possession of drugs at a penal institution. The trial court properly considered the defendant’s past record and reasoned that incarceration for second-degree murder and kidnapping raised safety concerns. (2) Although the trial court erred by failing to give the limiting instruction required by G.S. 15A-1031 regarding the defendant’s restraints, the error was not prejudicial.

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