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Nc court intimidating witness

When Wilson began his testimony, he was visibly upset.

The trial court found that the defendant had “committed wrongful acts that were undertaken with the intention of preventing potential witnesses from testifying and has in fact caused a potential witness, Johnny Wilson, to refuse to testify.” On appeal, the defendant argued that the trial court erred by denying the mistrial motion.

Specifically, he asserted that his actions were not designed to prevent Wilson from testifying and were not egregious enough to trigger forfeiture of his confrontation rights.

Forfeiture by wrongdoing applies when a defendant engages in a wrongful act that prevents the witness from testifying, such as threatening, killing, or bribing the witness.