Preservation Reservations in State v. Bell

The defendant in State v. Bell, No. 86A02-2 (N.C. March 21, 2025), failed to object to gender-based discrimination during jury selection. Accordingly, the North Carolina Supreme Court concluded that the “defendant’s J.E.B. claim was not preserved for appellate review.” Slip Op. at 2. If the Supreme Court were reviewing a judgment of conviction on direct appeal, this would not be surprising: a defendant’s failure to raise a constitutional issue at trial generally precludes a court’s consideration of the issue on appeal. But the Supreme Court in Bell was instead reviewing the denial of the defendant’s motion for appropriate relief, where the applicability of the preservation rule is less clear. This post considers Bell’s application of that rule to a postconviction motion.

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