State v. Boyd

I must respectfully dissent, as I believe that the Supreme Court’s mandate to this Court requires us to find no plain error as to defendant’s conviction for second-degree kidnapping.

As noted by the majority opinion, this case is on remand from the North Carolina Supreme Court solely for this Court to re-examine the issue of the propriety of the jury instructions as to the “removal” element of second-degree kidnapping under plain error review in accord with State v. Lawrence,_N.C._,723 S.E.2d 326 (2012) and to consider defendant’s additional remaining issues which must be addressed if…