Criminal Practice – Jury Instructions – Plain Error – Lumping Defendants Together

State v. Adams (Lawyers Weekly No. 11-07-0567, 9 pp.) (Rick Elmore, J.) Appealed from Rowan County Superior Court. (Carl R. Fox, J.) N.C. App. Click here for the full text opinion.

Holding: The trial court’s instructions allowed the jury to consider defendants’ guilt collectively, rather than individually. This was plain error.

Defendants are entitled to a new trial.