Legal Opinion

State v. Irabor

Court of Appeals of North Carolina

Decided November 20, 2018No. COA18-243PublishedCited by 8 opinions

1Opinion of the Court

CALABRIA, Judge.

*491 Kelvin Oyakhilome Irabor ("defendant") appeals from a judgment entered upon a jury's verdict finding him guilty of second-degree murder, assault with a deadly weapon, and discharging a firearm into an occupied dwelling. After careful review, we conclude that the trial court committed prejudicial error by failing to include the relevant no duty to retreat and stand-your-ground provisions from its jury instructions on self-defense. Therefore, we reverse the trial court's judgment and remand for a new trial.

I. Factual and Procedural Background

In October 2015, defendant lived in…

2Cases cited10 opinions

  1. State v. CaddellSupreme Court of North Carolina · 1975
  2. State v. DooleySupreme Court of North Carolina · 1974
  3. State v. ShawSupreme Court of North Carolina · 1988
  4. State v. StricklandSupreme Court of North Carolina · 1997
  5. State v. SpauldingSupreme Court of North Carolina · 1979

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3Cited by8 opinions

  1. State v. ColeyCourt of Appeals of North Carolina · 2018
  2. State v. BarefootCourt of Appeals of North Carolina · 2019
  3. State v. HagueCourt of Appeals of North Carolina · 2024
  4. State v. HarveySupreme Court of North Carolina · 2019
  5. State v. HarveySupreme Court of North Carolina · 2019

3 more not listed; retrieve them via the Exa API.

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