State v. Everett

TYSON, Judge.

Karen Elaine Everett (“defendant”) appeals from judgment entered after a jury found her to be guilty of second degree murder. We award defendant a new trial.

I. Background

A. State’s Evidence

On 26 November 2000 at approximately 5:40 p.m., Wake County Sheriffs Deputy Joel Holt (“Deputy Holt”) was serving warrants when he was dispatched to a call reporting a shooting at the 6100 block of Highway 401 in Fuquay-Varina. Deputy Holt arrived at the residence and saw defendant standing in the doorway and speaking on the telephone. As Deputy Holt walked into the yard toward the house,…