§ 15A-1032. Removal of disruptive defendant.

161 words·~1 min read·/nc/chapter-15a/15a-1032

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A trial judge, after warning a defendant whose conduct is disrupting his trial, may order the defendant removed from the trial if he continues conduct which is so disruptive that the trial cannot proceed in an orderly manner. When practicable, the judge's warning and order for removal must be issued out of the presence of the jury.

(b)If the judge orders a defendant removed from the courtroom, he must:

(1)Enter in the record the reasons for his action; and

(2)Instruct the jurors that the removal is not to be considered in weighing evidence or determining the issue of guilt.

A defendant removed from the courtroom must be given the opportunity of learning of the trial proceedings through his counsel at reasonable intervals as directed by the court and must be given opportunity to return to the courtroom during the trial upon assurance of his good behavior. (1977, c. 711, s. 1.)