A North Carolina court directs new trial a second time in case focused on self-defense argument
Associated PressRALEIGH, N.C. — A North Carolina appeals court has said for a second time that a woman convicted of killing her lover should receive a new trial, declaring that text messages and photos from her cellphone wrongly presented to the jury likely prevented her acquittal on self-defense grounds. The texts and photos, which were printed out for jurors, unfairly prejudiced Hicks by emphasizing evidence such as her sex life, rather than whether she was justified in firing at Adams, Court of Appeals Judge April Wood wrote while also vacating her conviction. “The jurors probably would have acquitted Defendant if the exhibits did not cause them to reach their decision based on passion, namely, a personal revulsion toward Defendant.” In 2022, Wood wrote the unanimous opinion for another three-judge appeals panel that directed Hicks receive a new trial. And enlarged, close-up images of Hicks engaging in sexual activity with Adams likely “only served the purpose of shocking and disgusting the jury.” Court of Appeals Judge Julee Flood joined in Wood’s opinion on Tuesday.