Tuesday, November 5, 2013

NC Court of Appeals Update, Nov. 5, 2013

Interesting Cases Only:

State v. James. --- Wayne County, Kelvin James. Although the court found a prima facie showing of racial discrimination in jury selection, the Court continues its streak of never finding a Batson violation in any North Carolina case. Must be cause it never happens.

State v. May. -- Alamance County, Floyd May, Sr.

Court erred in instructing deadlocked jury, after third "deadlocked note," when he said, "I’m going to ask you, since the people have so much invested in this, and we don’t want to have to redo it again, but anyway, if we have to we will." Reference to the time/cost associated with the trial is coercive and violates NCGS 15A-1235. Also, when a judge gives any part of 1235(b), he or she must give them all.

Of note: no error to allow expert pediatrician to testify that the child in this case (a sex case) exhibited symptoms of consistent with sexual abuse.

New trial.

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