Trial Practice Cases
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Trial Practice

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.

North CarolinaConstitutionalCriminalTrial Practice
Supreme Court of North Carolina
Uncategorized

Thomas — Juror substitution is constitutional when statutory safeguards are followed

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Applying State v. Chambers, the Supreme Court rejected a case-by-case constitutional test. The statute is constitutional when its two safeguards are observed: the alternate must not have discussed the case and the reconstituted jury must begin deliberations anew. The Court reversed on substitution, held the suppression issue unpreserved, and remanded for remaining issues.

North CarolinaConstitutionalCriminalTrial Practice
Supreme Court of North Carolina
Uncategorized

McGirt — Written requests and colloquy established valid waiver of counsel

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The Supreme Court reversed and concluded that McGirt knowingly, intelligently, and voluntarily waived counsel. The written requests, extended history with appointed counsel, and trial court’s questioning showed an unequivocal choice and awareness of the consequences. Because waiver resolved the appeal, the majority did not need to decide forfeiture by misconduct.

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