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State v. Boyd

Supreme Court of North Carolina.
Jun 13, 2013
366 N.C. 548 (N.C. 2013)
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Summary

finding no plain error where jury was presented with a theory of guilt not supported by the evidence

Summary of this case from State v. Maddux
See 12 Summaries

Opinion

No. 358A12.

2013-06-13

STATE of North Carolina v. Bryant Lamont BOYD.

Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the State-appellant. Staples S. Hughes, Appellate Defender, by Andrew DeSimone, Assistant Appellate Defender, for defendant-appellee.

PER CURIAM.


Appeal pursuant to N.C.G.S. § 7A–30(2) from the decision of a divided panel of the Court of Appeals, ––– N.C.App. ––––, 730 S.E.2d 193 (2012), on remand from this Court, ––– N.C. ––––, 730 S.E.2d 193 (2012), vacating defendant's conviction for second-degree kidnapping that resulted in part in a judgment entered on 14 April 2010 by Judge Abraham Penn Jones in Superior Court, Orange County, and ordering a new trial on the charge of second-degree kidnapping. Heard in the Supreme Court on 11 March 2013. Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the State-appellant. Staples S. Hughes, Appellate Defender, by Andrew DeSimone, Assistant Appellate Defender, for defendant-appellee.
PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion, and this case is remanded to the Court of Appeals for consideration of the remaining issues.

REVERSED AND REMANDED.

Summaries of

State v. Boyd

Supreme Court of North Carolina.
Jun 13, 2013
366 N.C. 548 (N.C. 2013)

finding no plain error where jury was presented with a theory of guilt not supported by the evidence

Summary of this case from State v. Maddux

reversing a decision of the Court of Appeals on the basis of a dissent that concluded that the defendant had failed to establish that the trial court's decision to allow the jury to consider whether the defendant was guilty of second degree kidnaping on the basis of a theory not supported by the evidence did not constitute plain error given the existence of "overwhelming" evidence tending to support other theories of guilt

Summary of this case from State v. Collington

reversing per curiam for the reasons stated in 222 N.C. App. 160, 167-68, 730 S.E.2d 193, 198 (Stroud, J., dissenting)

Summary of this case from State v. ScArboro

reversing per curiam for the reasons stated in State v. Boyd , 222 N.C. App. 160, 730 S.E.2d 193 (Stroud, J., dissenting)

Summary of this case from State v. Gentle

reversing for the reasons stated in Judge Stroud's dissent

Summary of this case from State v. Collington

In State v. Boyd, 366 N.C. 548, 742 S.E.2d 798 (2013), the Supreme Court, adopting a dissent from this Court, 222 N.C. App. 160, 730 S.E.2d 193 (2012) (Stroud, J., dissenting), declared an additional requirement for a defendant arguing an unpreserved challenge to a jury instruction as unsupported by the evidence.

Summary of this case from State v. Booker

changing the rule that previously held that a disjunctive instruction not supported by the evidence on both theories was per se plain error

Summary of this case from State v. Barnes

In Boyd, our Supreme Court issued a two-line per curiam opinion adopting Judge Stroud's dissenting opinion from our Court.

Summary of this case from State v. Martinez

In Boyd, the trial court instructed the jury that it could convict the defendant of kidnapping on three alternative theories—that the defendant either confined, restrained, or removed the victim.

Summary of this case from State v. Martinez

In Boyd, which involved a jury instruction on kidnapping, the trial court erroneously included in its instruction a reference to "removal" as a (disjunctive) theory of the kidnapping charge.

Summary of this case from State v. Martinez

In State v. Boyd, 366 N.C. 548, 742 S.E.2d 798 (2013), our Supreme Court, after directing this Court to follow the analysis in Lawrence, adopted a dissent from the Court of Appeals which applied plain error review to an unpreserved error concerning a jury instruction for which there was no evidence.

Summary of this case from State v. Fowler

In State v. Boyd, 366 N.C. 548, 742 S.E.2d 798 (2013), the Supreme Court, adopting a dissent from this Court, 222 N.C.App. 160, 730 S.E.2d 193 (2012) (Stroud, J., dissenting), declared an additional requirement for a defendant arguing an unpreserved challenge to a jury instruction as unsupported by the evidence.

Summary of this case from State v. Malachi
Case details for

State v. Boyd

Case Details

Full title:STATE of North Carolina v. Bryant Lamont BOYD.

Court:Supreme Court of North Carolina.

Date published: Jun 13, 2013

Citations

366 N.C. 548 (N.C. 2013)
366 N.C. 548

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