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Criminal Practice – Jury & Jurors – Instructions – Batson Challenges

Even though the trial court did not give all the instructions requested by defendant, the trial court’s jury instructions included the requested instructions in substance; moreover, the trial court did give defendant’s requested instruction on lack of mental capacity.

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

Defendant made Batson challenges as to some of the prospective jurors who were peremptorily excused by the state. The state set out multiple factors as reasons for excusing the black jurors. Although defendant could match one or two of the factors to unexcused white jurors, no single one of the white jurors had all the characteristics noted by the state. Defendant failed to show that the state treated black prospective jurors differently than white prospective jurors.

State v. Hobbs (Lawyers Weekly No. 011-232-18, 24 pp.) (John Tyson, J.) Appealed from Cumberland County Superior Court (Robert Floyd, J.) Amy Kunstling Irene for the state; Sterling Rozear for defendant. N.C. App.


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