Supreme Court of North Carolina
State v. Phillips
August 23, 2024
Summary
The court held that the trial court erroneously instructed the jury that defendant could not use excessive force even if she qualified for the castle doctrine and the statutory presumption of reasonable fear had not been rebutted. Under the statutory scheme, proportionality is relevant only if the defendant does not qualify for the castle doctrine or the State rebuts the presumption under the specified statutory circumstances. The court affirmed the determination of instructional error, vacated the Court of Appeals' prejudice determination, and remanded for a proper prejudice analysis.