Constitutional Cases
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Constitutional

North CarolinaConstitutionalCriminalDrug Law
North Carolina Court of Appeals
Uncategorized

Humphrey — Thirteen-juror deliberation requires new drug-death trial

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The Court of Appeals reversed and ordered a new trial. Allowing thirteen jurors to deliberate violated both the governing statute and the North Carolina Constitution’s twelve-juror guarantee. The judge’s mixed instruction to restart but await directions to continue or begin was not the clear, unequivocal safeguard the law requires. The error was both structural in character and prejudicial, so the court did not reach the sentencing issue.

North CarolinaAppellate ProcedureConstitutionalCriminal
North Carolina Court of Appeals
Uncategorized

Benson — Agreed trial strategy defeats ineffective-assistance challenge

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The Court of Appeals found no error. Counsel did not concede guilt to the Pender County charges; the argument attempted to connect incriminating statements to different allegations and focus the jury on the State’s burden. The on-record discussion showed Benson knowingly accepted that strategy. The court also held that the substantial evidence of guilt defeated any showing of Strickland prejudice.

North CarolinaConstitutionalCriminalTrial Practice
North Carolina Court of Appeals
Uncategorized

Cuadra — Witness misconduct did not justify dismissal of assault charge

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The Court of Appeals reversed. Although evidence supported some findings about the witnesses’ conduct, the supported findings did not show a flagrant constitutional violation that irreparably prejudiced Cuadra’s preparation of his defense with no available remedy other than dismissal. The case was remanded for further proceedings that may include a new trial; a concurrence emphasized the availability of lesser sanctions such as a mistrial.

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