STATE v. COX

No. COA07-1171.

661 S.E.2d 294 (2008)

STATE of North Carolina v. Telly T. COX.

Court of Appeals of North Carolina.

June 3, 2008.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General A. Danielle Marquis, for the State.

Richard E. Jester, Louisburg, for the defendant-appellant.


STEELMAN, Judge.

The trial court did not abuse its discretion in refusing defendant's request to dismiss a juror during the trial. Defendant may not challenge the sufficiency of the evidence upon appeal when he failed to move for dismissal at the close of all the evidence. Because defendant cannot show prejudice under Strickland, his ineffective assistance of counsel claim must fail.

Throughout the evening of 31 December 2003 and the early morning hours...

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