STATE v. SHULER

No. 187PA20.

861 S.E.2d 512 (2021)

2021-NCSC-89

STATE of North Carolina v. Shanna Cheyenne SHULER.

Supreme Court of North Carolina.

Filed August 13, 2021.


Attorney(s) appearing for the Case

Joshua Stein , Attorney General, by Brent D. Kiziah , Assistant Attorney General, for the State-appellee.

W. Michael Spivey , Rocky Mount, for defendant-appellant.


¶ 1 Here we must decide whether a criminal defendant forfeits her Fifth Amendment right to silence when she gives pretrial notice of her intent to offer the affirmative defense of duress under N.C.G.S. § 15A-905(c)(1). We conclude that the defendant does not forfeit that right, and that regardless, the State may not preemptively...

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