North Carolina Lawyers Weekly
Even though the state presented evidence that defendant was driving recklessly and grossly speeding at and near the time of the fatal collision, since (1) the only evidence of intoxication came from an unconstitutionally obtained blood sample; (2) the trial court instructed the jury disjunctively that, to convict defendant of second-degree murder, it must find “the defendant drove while impaired, and or drove in excess of the posted speed limit, and or drove recklessly”; and (3) the jury returned a general verdict form that did not specify the specific ground or grounds upon which it found to support malice, the state has failed to show that the constitutional error in the admission of the blood evidence was harmless beyond a reasonable doubt.
We vacate defendant’s conviction for second-degree murder and remand for a new trial.
State v. Scott (Lawyers Weekly No. 011-122-21, 8 pp.) (John Tyson, J.) Appealed from Alamance County Superior Court (Paul Ridgeway, J.) On remand from the N.C. Supreme Court. Kathryne Hathcock for the state; Gordon Widenhouse for defendant. 2021-NCCOA-314
