stand and testified about a 1998 incident where the victim had attacked defendant. Defendant told Everett that if she could have gotten her gun she would have shot the victim. Sergeant Baker also returned to the stand and corroborated that Everett had told him that defendant had said to her after the 1998 incident. Sergeant Baker’s notes said, “[Everett] stated [defendant] told her she and [the victim] fought and [the victim] had to force [defendant] out of the front door because, quote, ‘He knew I was going to get my gun and shoot his ass.’ ” Defendant was indicted for first-degree murder. The jury found defendant to be guilty of second degree murder. This Court vacated the judgement and ordered a new trial on 2 March 2004. See State v. Everett, 163 N.C. App. 95, 592 S.E.2d 582 (2004) (<HOLDING>). Defendant was retried and found to be guilty
holding that when both parties agree that the facts of the case entitled defendant to a selfdefense instruction failing to so instruct the jury was error holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition holding the trial court erred in failing to instruct the jury that defendant claiming selfdefense had no duty to retreat holding it was fundamental error to instruct the jury using the pre2005 duty to retreat instruction when the incident occurred after the enactment of the current stand your ground law holding that the trial court plainly erred in failing to provide a specific unanimity instruction to the jury