Supreme Court of North Carolina

State v. Tucker

December 15, 2023

Summary

The Court held that Tucker’s Batson claim was procedurally barred because he had an adequate opportunity to raise it on direct appeal and in earlier motions for appropriate relief. The later CLE handout and statistical study did not establish good cause or actual prejudice sufficient to overcome the bar, and the Court rejected application of the Racial Justice Act precedent because the motions under review were not Racial Justice Act motions.