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Home / Courts / Criminal Practice – Jury Instructions – Jury Nullification – Appeals — Attorneys – Ineffective Assistance Claim – MAR (access required)

Criminal Practice – Jury Instructions – Jury Nullification – Appeals — Attorneys – Ineffective Assistance Claim – MAR (access required)

State v. Kelly Defendant contends that the trial court erred by failing to instruct the jury on jury nullification. We know of no authority for the trial court to instruct the jury on jury nullification, which is the jury’s knowing and deliberate rejection of the evidence or refusal to apply the law. If defendant’s argument were to be adopted, it would lead to chaos and an absence of justice in North Carolina.

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