STATE v. ROGERS

No. COA11-482.

725 S.E.2d 342 (2012)

STATE of North Carolina v. David Henry ROGERS.

Court of Appeals of North Carolina.

March 6, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General R. Marcus Lodge , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Benjamin Dowling-Sendor , for defendant-appellant.


BRYANT, Judge.

Where the record contains evidence of a serious potential conflict of interest, the trial court did not violate defendant's Sixth Amendment right to counsel by removing defendant's counsel. Where defendant relies on the affirmative defense of automatism, the trial court did not commit plain error by instructing the jury that defendant had the burden of persuasion to prove the defense of automatism. Where each offense of which defendant was convicted...

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