Narrative Opinion Summary
In this case, the defendant appealed a conviction from the Gates County Superior Court for assault with a deadly weapon with intent to kill and inflicting serious bodily injury. The appeal centered on the trial court's refusal to allow jurors to question witnesses, an issue the defendant did not object to during trial. As a result, under the North Carolina Rules of Appellate Procedure, the appellate court could not review the issue due to the lack of preservation. The defendant sought to invoke Appellate Rule 2 to bypass preservation requirements, arguing that the trial court's decision could prevent manifest injustice. However, the Court of Appeals declined to apply Rule 2, citing the absence of exceptional circumstances justifying such a measure. The court reiterated that juror questioning is at the trial court's discretion and noted the speculative nature of the defendant's argument regarding potential juror questions. Ultimately, the appellate court dismissed the defendant's appeal, upholding the trial court's ruling and the jury's verdict, which resulted in a sentence of 83 to 109 months of incarceration.
Legal Issues Addressed
Discretionary Review under Appellate Rule 2subscribe to see similar legal issues
Application: The Court of Appeals declined to invoke Rule 2 to address the unpreserved issue, as it did not constitute an exceptional circumstance.
Reasoning: The court declined this request, emphasizing that Rule 2 is reserved for exceptional circumstances, which were not present in this case.
Issue Preservation for Appellate Reviewsubscribe to see similar legal issues
Application: The defendant's failure to object during trial to the denial of juror questioning precluded appellate review of the issue.
Reasoning: Under the North Carolina Rules of Appellate Procedure, failure to object or request a ruling on the issue precludes appellate review.
Juror Questioning at Trialsubscribe to see similar legal issues
Application: The trial court's decision to deny juror questioning aligned with judicial discretion, and the defense's lack of objection rendered any issue about this decision unpreserved.
Reasoning: Juror seven inquired whether jurors could ask questions, to which the trial judge responded negatively, stating that jurors are fact-finders and not lawyers. Defense counsel did not object to this ruling.