State v. Smith

STEELMAN, Judge.

When the trial court’s supplemental jury instructions are not additional instructions within the meaning of N.C. Gen. Stat. § 1234, the court does not err when it does not consult with the parties or give them an opportunity to be heard before giving the instructions. When the State shows that the violation of defendant’s right to presence under Article I, § 23 of the North Carolina Constitution was harmless beyond a reasonable doubt, a new trial is not warranted. When the defendant does not suffer a total deprivation of counsel, a new trial is not warranted. When the…