State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1062

§15A‑1062.  Mistrial for prejudice to the State.

Upon motion of the State, thejudge may declare a mistrial if there occurs during the trial, either inside oroutside the courtroom, misconduct resulting in substantial and irreparableprejudice to the State's case and the misconduct was by a juror or thedefendant, his lawyer, or someone acting at the behest of the defendant or hislawyer. If there are two or more defendants, the mistrial may not be declaredas to a defendant who does not join in the motion of the State if:

(1)        Neither he, hislawyer, nor a person acting at his or his lawyer's behest participated in themisconduct; or

(2)        The State's case isnot substantially and irreparably prejudiced as to him. (1977,c. 711, s. 1.)