State v. Capers

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 a criminal case is entitled to appear at trial free from all bonds or shackles except in extraordinary instances.” Because Tolley does not apply to the situation in which a jury is allowed to hear that a…