Issue

Murder prosecution—juvenile defendant—gender discrimination in jury selection—issue raised post-conviction—procedurally barred

Summary

In a first-degree murder case involving a juvenile defendant who, during the pendency of his appeal to the Supreme Court from the Court of Appeals' decision affirming his conviction, filed a motion for appropriate relief asserting for the first time a claim of unconstitutional gender discrimination in jury selection, pursuant to J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994), defendant's J.E.B. claim was procedurally barred under N.C.G.S. § 15A-1419 (barring appellate review of issues raised in post-conviction proceedings, including when the defendant was in a position to raise the issue in a prior appeal but failed to do so) for the reasons stated in his co-defendant's appeal in State v. Bell, No. 86A02-2 (N.C. Mar. 21, 2025).

Summary from the North Carolina Reports digest (official subject index). Read the opinion →