State v. LynchÂ, 2017 N.C. App. LEXIS 499

Marie Antoinette Lynch was tried on multiple opium trafficking charges; jury convicted her on several trafficking counts and found habitual felon status.
Lynch attended first day of trial but was absent for subsequent days; sentencing occurred later when she was present.
During voir dire a prospective juror (juror #9) said in the jury pool, “I've seen her around… I believe she did it.” The juror was immediately dismissed.
Lynch moved for a mistrial; the trial court denied the motion and gave a lengthy curative instruction to the jury pool directing them to disregard the juror’s statement.
At trial the court initially stated it would “arrest judgment” on the trafficking-by-delivery count, but at sentencing the court consolidated the three trafficking convictions into one judgment and imposed a single consolidated sentence.
Lynch appealed, challenging (1) denial of mistrial and (2) an alleged clerical error in the written judgment regarding arrest of judgment on the delivery count.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Lynch)	Held
Whether trial court erred by denying mistrial after a juror said he believed defendant did it	The court’s curative instruction cured any potential prejudice; denial was within discretion	Prospective juror’s statement prejudiced the jury; court should have inquired further and declared mistrial	No error — court acted within discretion; juror dismissed and curative instruction sufficient
Whether transcript/judicial statements vs. judgment form show a clerical error (failure to arrest judgment on delivery count)	The sentencing hearing shows the court consolidated counts into one judgment (no clerical error)	The court orally announced it would arrest judgment on delivery count after verdict; written judgment should be corrected	No clerical error; discrepancy reflects two different judicial pronouncements, not a mere clerical mistake; no remand

State v. McCollum, 157 N.C. App. 408 (N.C. Ct. App. 2003) (motion for mistrial required for substantial, irreparable prejudice)
State v. Boyd, 321 N.C. 574 (N.C. 1988) (mistrial decision lies within trial court’s sound discretion)
State v. Mobley, 86 N.C. App. 528 (N.C. Ct. App. 1987) (police-officer juror comment about similar charges required new trial; curative instruction insufficient)
State v. Howard, 133 N.C. App. 614 (N.C. Ct. App. 1999) (followed Mobley; juror’s jail employment comment required new trial)
State v. Morston, 336 N.C. 381 (N.C. 1994) (resolve discrepancies between oral pronouncement and written judgment in defendant’s favor)
State v. Moore, 327 N.C. 378 (N.C. 1990) (cannot be convicted of both sale and delivery for a single transfer)
State v. Jarman, 140 N.C. App. 198 (N.C. Ct. App. 2000) (distinguishes clerical error from judicial inconsistency)