Facts
- Torrey Whitlow was convicted of second-degree murder, malicious wounding, and firearm offenses related to the shootings of Lois and Maurice Bailey, as well as injuring Tyrell Bailey [lines="16-20"].
- The incident involved two fights: the first ended without gunfire, while the second escalated when Whitlow, armed with a firearm, intervened [lines="30-33"], [lines="32-49"].
- Eyewitnesses identified Whitlow as the shooter, stating he fired multiple rounds, hitting both Maurice and Lois before driving away in a red pickup truck [lines="34-49"], [lines="55-68"].
- Forensic evidence linked the firearm found in a bush to the bullets recovered from the victims, establishing a connection between Whitlow and the shooting [lines="86-94"].
- Whitlow claimed self-defense during the incident, alleging he armed himself in response to an attack on his brother, but did not substantiate this claim in his motions or at trial [lines="119-130"].
Issues
- Whether the evidence presented at trial was sufficient to support Whitlow's convictions for the charges against him [lines="188-189"].
- Whether the trial court erred by refusing Whitlow's proposed jury instructions on justifiable homicide, the right to arm oneself, and eyewitness identification [lines="226-228"].
- Whether the trial court erred in striking Juror 20 for cause, impacting the impartiality of the jury [lines="371-372"].
Holdings
- The court found the evidence sufficient to support Whitlow's convictions, as he failed to preserve arguments related to self-defense or provocation for appeal [lines="440"].
- The trial court did not err in refusing Whitlow's proposed jury instructions, as the existing instructions adequately covered relevant legal principles [lines="280-282"], [lines="360-367"].
- The trial court properly struck Juror 20 for cause due to prior statements indicating potential bias, with no manifest error found in that decision [lines="441-442"].
OPINION
*1 Before NIEMEYER and AGEE, Circuit Judges, KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Dasha Clark Norman, Appellant Pro Se. Sean Francis Perrin, WOMBLE BOND DICKINSON (US) LLP, Charlotte, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dasha Clark Norman appeals the district court’s orders denying his motion for sanctions and granting Defendants’ motion for summary judgment in Norman’s 42 U.S.C. § 1983 action. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders. Norman v. Case , No. 1:22-cv-00149-MR (W.D.N.C. July 5, 2023; Aug. 30, 2023). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED