{
  "id": 8553145,
  "name": "DANNIE YOUNG, by His Guardian Ad Litem, JAMES W. YOUNG v. L. J. WOOD",
  "name_abbreviation": "Young ex rel. Young v. Wood",
  "decision_date": "1979-12-18",
  "docket_number": "No. 7911SC425",
  "first_page": "376",
  "last_page": "377",
  "citations": [
    {
      "type": "official",
      "cite": "44 N.C. App. 376"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "422 U.S. 806",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        9431
      ],
      "weight": 3,
      "year": 1975,
      "opinion_index": 0,
      "case_paths": [
        "/us/422/0806-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T22:44:31.887789+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges WEBB and Martin (Harry C.) concur."
    ],
    "parties": [
      "DANNIE YOUNG, by His Guardian Ad Litem, JAMES W. YOUNG v. L. J. WOOD"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nThis is an appeal from the fourth trial of this lawsuit. After the case was first called for trial, a mistrial was declared because of a death in the family of plaintiff\u2019s counsel. The second trial ended in a mistrial because the jury could not agree. Defendant failed to pay his counsel and an order was entered allowing counsel to withdraw. Defendant retained different counsel for the third trial which also ended in a mistrial because the jury could not agree. Again, an order was entered allowing counsel to withdraw because of defendant\u2019s failure to make the appropriate financial arrangements.\nWhen the case was called for trial before Judge Preston, defendant appeared for trial without counsel. He advised the judge that he was ready for trial and advised the court that he did \u201cagree to waive a jury trial in this matter and that the same be tried by the court without a jury, and that the court pass on all issues of fact and law which might arise at the trial, and to enter a verdict and judgment thereon.\u201d\nAfter judgment was rendered against him, plaintiff retained present counsel (his third since suit was filed) to perfect this appeal. Despite the able efforts of counsel on appeal, no prejudicial error has been shown. There were no exceptions taken at trial. Defendant\u2019s arguments directed to the admission of evidence, among others, cannot be considered on appeal. No exceptions have been taken to any of the court\u2019s findings of fact except the finding of fact, \u201cK\u201d, with respect to the nature of the minor plaintiff\u2019s injuries. There is ample support in the record for that finding of fact. The court\u2019s findings and conclusions support the judgment.\nIn defendant\u2019s eleventh assignment of error, he argues, in substance, that the court erred in allowing him to elect to go to trial without the assistance of counsel. The argument is without merit. The court could not force defendant to retain counsel. Defendant\u2019s procrastination in that and other respects had already delayed the trial to the possible prejudice of the minor plaintiff. Even in a criminal case, a defendant who elects to represent himself cannot, thereafter, complain of the quality of his own defense or be excused from his failure to comply with the relevant rules of procedural and substantive law. See, e.g., Faretta v. California, 422 U.S. 806, 45 L.Ed. 2d 562, 95 S.Ct. 2525 (1975).\nThe appeal fails to disclose prejudicial errors of law. The judgment is affirmed.\nAffirmed.\nJudges WEBB and Martin (Harry C.) concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Bryan, Jones and Johnson, by Robert C. Bryan, for plaintiff appellee.",
      "Mast, Tew, Nall, Moore and Lucas, by George B. Mast and Robert V. Lucas, for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "DANNIE YOUNG, by His Guardian Ad Litem, JAMES W. YOUNG v. L. J. WOOD\nNo. 7911SC425\n(Filed 18 December 1979)\nTrial \u00a7 12\u2014 right of party to appear pro se\nDefendant who elected to represent himself could not complain on appeal that the trial court erred in allowing him to elect to go to trial without the assistance of counsel.\nAPPEAL by defendant from Preston, Judge. Judgment entered 15 January 1979 in Superior Court, JOHNSTON County. Heard in the Court of Appeals 6 December 1979.\nThis is an action to recover for injuries sustained by the minor plaintiff. It is alleged in the complaint that defendant\u2019s agent negligently backed a tractor over the minor plaintiff causing a severe and permanent mangling injury to his right lower leg with comminuted fractures of the tibia and fibula together with extensive soft tissue loss.\nThe case was tried by the judge without a jury, and judgment was entered awarding damages of $25,000.00.\nBryan, Jones and Johnson, by Robert C. Bryan, for plaintiff appellee.\nMast, Tew, Nall, Moore and Lucas, by George B. Mast and Robert V. Lucas, for defendant appellant."
  },
  "file_name": "0376-01",
  "first_page_order": 404,
  "last_page_order": 405
}