 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Golphin8/25/2000
on's actions according to what witnesses observed.
While we do not condone pointing weapons at jurors, if that in fact occurred, the prosecutor's actions were not "so grossly improper that the trial court erred in failing to intervene ex mero motu." Roseboro, 351 N.C. at 546, 528 S.E.2d at 8. Defendants have failed to show the trial court abused its discretion. In light of the overwhelming evidence in this case, defendants were not prejudiced, and the prosecutor's actions during closing arguments did not prevent defendants from receiving a fair trial. This assignment of error is overruled.
We next address Tilmon's argument that the trial court erred in overruling his objection to the portion of the State's closing argument in which the prosecutor referred to parts of his statement as lies. During the State's closing argument, the prosecutor was describing Tilmon's different versions of the events of 23 September 1997. The prosecutor then referred to " ie number one," to which Tilmon's counsel objected, with the qualification, "unless he's contending it's a lie." The prosecutor stated that he was contending it was a lie. The trial court then overruled the objection. Thereafter, the prosecutor described eighteen items from Tilmon's statement about which the State contended Tilmon had lied, including that Tilmon originally did not mention anything about pepper spray; that Tilmon originally stated he had not shot a gun that day, and then that he probably had shot a gun that day; and that Tilmon omitted shooting at Waters or at Waters' vehicle.
Tilmon acknowledges the State can "contend" that a defendant lied, see State v. Davis, 291 N.C. 1, 12, 229 S.E.2d 285, 293 (1976), but argues the State offered his statement into evidence, and it should not be able to argue the statement contains lies because he did not put his own credibility at issue.
This Court addressed a similar issue in State v. Williams, 314 N.C. 337, 333 S.E.2d 708 (1985). In Williams, the defendant offered no evidence on his own behalf, but the State introduced his confession. See id. In holding the trial court did not err, this Court stated:
The introduction of an exculpatory statement by the State does not preclude it from showing facts concerning the crime to be different. The State is entitled to comment during closing argument on any contradictory evidence as the basis for the jury's disbelief of the defendant's story. The record here plainly exhibits plenary evidence introduced by the State to contradict defendant's written statement. During her closing argument, the District Attorney indeed commented on the untruthfulness of that statement. This the law allowed her to do. Id. at 357, 333 S.E.2d at 721-22 (citations omitted).
In the instant case, as in Williams, the State introduced Tilmon's statement into evidence, and Tilmon did not testify. The State repeated to the jury some instances where Tilmon made exculpatory statements during questioning and later gave different versions of the events. The law permits the State to show the jury how those exculpatory statements differed from the version of events depicted by other evidence that was presented. See id.
Tilmon relies on State v. Locklear, 294 N.C. 210, 241 S.E.2d 65 (1978), where we said: "It is improper for a lawyer to assert his opinion that a witness is lying. `He can argue to the jury that they should not believe a witness, but he should not call him a liar.'" Id. at 217, 241 S.E.2d at 70 (quoting State v. Miller, 271 N.C. 646, 659, 157 S.E.2d 335, 345 (1967)). In addition, Tilmon cites State v. Bolin, 281 N.C. 415, 189 S.E.2d 235 (1972), where we said: "`When the State introduces in evidence exculpat
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|