State v. Starr
Annotate this CaseAfter a jury trial, Defendant Thomas Starr was convicted of four counts of assaulting a firefighter with a firearm. Defendant filed a petition for writ of certiorari, arguing that the trial court erred in failing to follow the procedures of N.C. Gen. Stat. 15A-1233 when it denied the jury's request to review the testimony of one of the firefighters involved in the incident. The court of appeals held that because the trial court instructed the jurors to rely on their recollection of the evidence, the court properly exercised its discretion in denying the jury's request. The Supreme Court modified and affirmed the decision of the court of appeals, holding (1) the trial court in this instance violated section 15A-1233 by failing to exercise its discretion, and the error was preserved by operation of law for appellate review; but (2) Defendant did not carry his burden of proving that the error was prejudicial.
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