State v. Nobles, COA 24-458, ___ N.C. App. ___ (Feb. 5, 2025)

In this Cumberland County case, defendant appealed his conviction for first-degree murder, arguing the trial court abused its discretion by dismissing a juror and an alternate juror. The Court of Appeals found no error.

In January of 2022, a motorcyclist pulled up next to defendant and his son at a stoplight. After an argument between the motorcyclist and defendant’s son, defendant shot the motorcyclist. During defendant’s trial, the trial court announced that several jurors had been overheard discussing the case at the snack bar, in violation of the jury instructions. The trial court examined the jurors in question and heard testimony from a witness who claimed she overheard the discussion and made a recording. The trial court ultimately removed one juror and one alternate, allowing a third juror to remain.

On appeal, defendant argued that “the removal of a juror, which he contends was arbitrary, prejudiced him per se when the trial court refused to reopen voir dire.” Slip Op. at 6. The Court of Appeals noted this was a novel argument, as defendant did not argue the initial voir dire was defective, but instead that he was prejudiced by the alternate juror system. The court noted defendant failed to show any prejudice as the alternate juror was selected during the initial voir dire process along with the rest of the jury. As a result, the court found no abuse of discretion and rejected defendant’s argument.