A North Carolina appeals court has tossed out a convict’s attempt to challenge his prison sentence, ruling that he cannot claim he was unfairly deprived of an appeal when the reason his lawyer failed to file the paperwork was that the defendant had just beaten him up.
The bizarre legal conclusion stems from a violent outburst in Nash County Superior Court on May 1, 2024.
According to the opinion filed Wednesday by the Court of Appeals of North Carolina, David Jordan, Jr. had just been convicted by a jury for possession of a firearm by a felon and assault with a deadly weapon with intent to kill. As Judge Timothy W. Wilson began pronouncing the second of two consecutive sentences—totaling roughly four to six years in prison—the proceedings descended into chaos.
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Court records state that Jordan “physically assaulted his trial attorney” right in front of the bench. He reportedly grabbed the lawyer and knocked him to the floor, where a “melee ensued” before bailiffs could subdue Jordan and drag him from the courtroom.
While Jordan was hauled off to jail, his attorney was escorted to the judge’s chambers to receive medical attention for injuries sustained during the attack.
That violent interruption created a procedural nightmare. Under North Carolina law, a notice of appeal must be given orally after the final judgment is entered or filed in writing shortly thereafter. Jordan’s attorney had planned to appeal “at the appropriate time,” but because he was being treated for injuries caused by his client, he was not present in the courtroom when the final judgment was officially entered to speak up.
Jordan’s new appellate counsel later petitioned the court to overlook the technicality, arguing that Jordan clearly intended to appeal and that the legal system should grant a “writ of certiorari”—basically a special permission slip used when a defendant loses their appeal rights through no fault of their own.
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The Court of Appeals was unpersuaded.
In the decision, Judge Zachary noted that while courts often show leniency when a lawyer drops the ball, this situation was different. The exception only applies when the error is not due to “fault or neglect” of the defendant.
“It is plain that Defendant is not without fault in the loss of his appeal where it stemmed from his attack of his trial counsel during sentencing,” Zachary wrote.
Because Jordan caused the absence of his own counsel through physical violence, and subsequently failed to file a written notice from jail, the court dismissed the appeal entirely.
Judges Tyson and Arrowood concurred with the decision. Jordan will continue serving his sentence in the North Carolina Department of Adult Correction.
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