Law360 (May 18, 2026, 6:44 PM EDT) -- A North Carolina trial court did not violate state rules when it allowed jurors, at their request, to view in open court a weapon in connection with a case against a man accused of gun and drug charges, state lawyers have told the North Carolina Supreme Court.

In a brief filed on Friday, the state argued there was nothing illegal about the jury viewing the weapon for a second time, at their request, in the trial of Wayne Douglas Wilson. "The record reflects that there were no objections," it added.

However, according to court filings made by Wilson, jurors were instructed to deliberate with at least seven nonjurors present, including the trial judge herself, in violation of state rules.

In an email to Law360, Olivia Warren, who represents Wilson, said "the trial judge did not simply 'misspeak' when she repeatedly instructed jurors to deliberate on the record with at least seven nonjurors present, including herself. She used the term 'deliberate' six times, a term with a very specific legal meaning that neither she nor any judge in the country could simply repeatedly misuse, as the state alleges."

However, the state argued in its brief that this case was not like court precedent in State v. Bindyke, where the North Carolina Supreme Court found in 1975 that it was improper for an alternate juror to be in the jury room during deliberations.

Here, the state said, the trial court followed all proper procedures, "though [it] took the unusual step of having the parties leave the courtroom, and the judge briefly left the bench while the jurors were reviewing state's exhibit."

Yet it added: "There is nothing in the record that indicates jurors spoke to one another or to the court staff during this time, with the exception of a bailiff asking if anyone wanted more time to see the exhibit and the jurors indicating they did not need additional time."

The state further said that "to the extent there is error, it is in the trial court's calling the re-publication of the exhibit 'deliberations,' and it should not be considered error per se."

Warren disagreed, finding that mistake serious. "Everyone in the country should care about Mr. Wilson's case because it is about the sanctity and secrecy of jury deliberations, the very foundation of our criminal legal system," she told Law360.

The jury found Wilson guilty in 2023 of trafficking and possession with intent to sell and deliver cocaine, maintaining a place to keep controlled substances, and possession of a firearm by a convicted felon.

He was sentenced to up to 5.5 years in prison for his crimes, according to the state's brief.

Representatives for the state did not immediately respond to requests for comment on Monday.

North Carolina is represented by Attorney General Jeff Jackson and Jonathan D. Jones of the North Carolina Department of Justice.

Wayne Douglas Wilson is represented by Olivia Warren of Thomas Ferguson & Beskind LLP.

The case is State of North Carolina v. Wayne Douglas Wilson, No. 360PA25, in the Supreme Court of North Carolina.

--Editing by Philip Shea.

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