State v. Hunt (Lawyers Weekly No. 12-07-0744, 36 pp.) (Linda Stephens, J.) (Donna S. Stroud, J., concurring in part & dissenting in part) Appealed from Randolph County Superior Court. (Edwin G. Wilson Jr., J.) On remand from the N.C. Supreme Court. N.C. App.
Holding: As to defense counsel’s possible conflict of interest, the trial court held a voir dire of the potential witness’s therapist, discussed the latitude and limits of an attorney’s responsibility to prepare witnesses for trial, discussed the possible grounds for a mistrial with defense counsel extensively, and assured defense counsel that a mistrial would be declared if grounds arose as the trial proceeded. In light of the trial court’s consideration of defense counsel’s potential conflict of interest, we cannot say that the trial court abused its discretion when it denied defendant’s motion for a mistrial.
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