Narrative Opinion Summary
The case involves the defendant's conviction for voluntary manslaughter, resulting in a sentence of 103 to 133 months in prison. The defendant appealed, arguing for the recusal of Judge Steve A. Balog due to his previous role as District Attorney in her earlier prosecutions, suggesting an 'appearance of impropriety.' The appeal was based on N.C. Gen. Stat. 15A-1223 and Canon 3 of the Code of Judicial Conduct, which necessitate recusal if a judge shows bias or if impartiality may be questioned. The court held that the defendant failed to provide substantial evidence of bias or impropriety, as Judge Balog had no involvement in the defendant's previous cases and had no personal interest. The defendant's Batson challenge regarding the exclusion of an African-American juror was dismissed due to a lack of prima facie evidence of racial discrimination. Furthermore, the defendant's constitutional due process claim was not preserved for appeal, and unaddressed assignments of error were deemed abandoned. The appellate court found no error in the trial court's rulings, affirming the conviction. Judges Steelman and Thornburg concurred with the decision.
Legal Issues Addressed
Abandonment of Assignments of Error under N.C.R. App. P. 28(b)(6)subscribe to see similar legal issues
Application: Unaddressed assignments of error are deemed abandoned under North Carolina Rules of Appellate Procedure 28(b)(6) if not properly supported by argument.
Reasoning: Consequently, the assignment of error was dismissed, and additional unaddressed assignments were deemed abandoned under N.C.R. App. P. 28(b)(6).
Batson Challenge and Prima Facie Case of Discriminationsubscribe to see similar legal issues
Application: The defendant's Batson challenge was dismissed due to a lack of prima facie evidence of racial discrimination, as demonstrated by the prosecutor's exclusion of both an African-American female and a white male juror.
Reasoning: The defendant challenged the prosecutor's peremptory exclusion of an African-American female juror under Batson v. Kentucky, but the court found no prima facie case of racial discrimination, noting that the prosecutor had also excluded a white male juror.
Burden of Proof for Judge Disqualificationsubscribe to see similar legal issues
Application: The burden of proof lies with the party seeking a judge's disqualification, requiring substantial evidence of bias. The defendant failed to meet this burden, as no affidavits or evidence were provided.
Reasoning: The burden lies with the party seeking disqualification to provide substantial evidence of such bias.
Judicial Notice and Recusalsubscribe to see similar legal issues
Application: Judicial notice of court records does not necessitate a judge's disqualification. Judge Balog's knowledge of the defendant's past convictions did not warrant recusal.
Reasoning: The court noted that the defendant's motion cited Balog's knowledge of her past convictions, but judicial notice of court records does not necessitate disqualification.
Preservation of Constitutional Claims for Appealsubscribe to see similar legal issues
Application: The defendant's constitutional due process claim was not preserved for appeal because it was not raised in the trial court.
Reasoning: The defendant's constitutional due process claim was not preserved for appeal, as it was not raised in the trial court.
Recusal under N.C. Gen. Stat. 15A-1223 and Canon 3subscribe to see similar legal issues
Application: The principle of recusal was applied to evaluate whether Judge Balog should have disqualified himself due to his prior role as District Attorney. The court determined that there was insufficient evidence of bias or an appearance of impropriety.
Reasoning: The court assessed the recusal claim under N.C. Gen. Stat. 15A-1223 and Canon 3 of the Code of Judicial Conduct, which require recusal if a judge has personal bias or if impartiality might reasonably be questioned.