State v. Bennett, 262 N.C. App. 89

On Dec. 4, 2015 officers responded to a mobile home after a complaint of drug activity where defendant Cory Bennett and his girlfriend (Ms. Smith) lived.
Officers smelled chemicals associated with meth production, found a meth pipe and an IGA receipt for crystal lye on Bennett, and observed Sudafed pills fall from his pants.
A warrant search revealed meth ingredients, paraphernalia, and items used in meth production throughout the home; Bennett was charged and tried by jury.
Bennett was convicted of multiple counts: possession of meth precursor, manufacturing methamphetamine, and trafficking methamphetamine; he appealed.
On appeal Bennett raised (1) a Batson challenge to the State’s peremptory strikes of two African‑American prospective jurors and (2) error in the trial court’s acting‑in‑concert jury instruction.
The trial court denied the Batson motion (finding three African‑American jurors remained on the panel) and gave the acting‑in‑concert instruction; the Court of Appeals affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Bennett)	Held
Whether defendant established a prima facie Batson claim	State argued its strikes were proper and that three Black jurors remained seated, so no prima facie showing of discriminatory intent	Bennett argued the State used peremptories to strike two Black prospective jurors without race‑neutral reasons	Court held Bennett failed to establish a prima facie case; trial court’s finding (no discriminatory intent) was not clearly erroneous
Whether the trial court erred in instructing on acting in concert	State argued evidence showed Ms. Smith participated in meth activity and thus an acting‑in‑concert instruction was supported	Bennett argued mere presence of Ms. Smith and her denial of a plan could not support an acting‑in‑concert instruction; jury was told it could convict if Bennett acted alone or ‘‘in concert’’	Court held sufficient evidence (receipt, purchases, items throughout home, Smith’s guilty pleas and testimony) supported the instruction; no error

Batson v. Kentucky, 476 U.S. 79 (established three‑step test for race‑based peremptory challenges)
State v. Taylor, 362 N.C. 514 (discusses Batson standard of review and trial court deference)
State v. Mitchell, 321 N.C. 650 (trial record must include competent evidence of jurors’ race; counsel should elicit race if questioned)
State v. Brogden, 329 N.C. 534 (defendant must preserve adequate record of jurors’ race; subjective impressions insufficient)
State v. Payne, 327 N.C. 194 (post‑selection affidavits of counsel perceptions are inadequate to preserve a Batson record)
State v. Osorio, 196 N.C. App. 458 (acting‑in‑concert requires presence and common plan or purpose)