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Criminal Practice – Jury Instructions – Testimony Review – No Particular Testimony – Murder & Attempted Armed Robbery

State v. Lyons (Lawyers Weekly No. 011-401-16, 26 pp.) (Linda McGee, C.J.) Appealed from Cleveland County Superior Court (Forrest Bridges, J.) N.C. App.

Holding: The trial court erred when it instructed the jury that jurors would not have the option, during deliberations, to ask the court “what … [a] witness really [said],” suggesting that the court lacked the ability to even consider such a request. Nevertheless, defendant has not shown that he was prejudiced by this error because he has not identified specific witness testimony involving issues of such confusion and contradiction that the jury would have likely wanted to review it or that was material to the determination of defendant’s guilt or innocence.

We find no error in defendant’s convictions of first-degree murder, attempted armed robbery, and conspiracy to commit armed robbery.


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