Constitutional Cases
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Constitutional

North Carolina Court of Appeals
Uncategorized

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

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 Carolina Court of Appeals
Uncategorized

Benson — Agreed trial strategy defeats ineffective-assistance challenge

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.

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