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STATE v. CAPERS

No. COA09-1613.

704 S.E.2d 39 (2010)

STATE of North Carolina v. Javon CAPERS, Defendant.

Court of Appeals of North Carolina.

December 21, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Derrick C. Mertz , for the State.

Marilyn G. Ozer , Chapel Hill, for defendant-appellant.

GEER, Judge.

Defendant Javon Capers appeals his conviction of first degree murder, contending that the trial court erred in allowing testimony that defendant, when arrested, was handcuffed and shackled. Defendant primarily argues this evidence was admitted in violation of State v. Tolley, 290 N.C. 349, 365, 226 S.E.2d 353, 366 (1976) (emphasis added), which provides that "a defendant in...

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