Case Summaries: N.C. Court of Appeals (June 4, 2025)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 4, 2025. Previously, summaries were added to Smith’s Criminal Case Compendium, but due to personnel changes and resource limitations, that resource is no longer available. We will continue to post and archive new summaries here on the blog. A prosecutor’s arguments concerning a witness’s truthfulness were not improper vouching. They properly highlighted the fact that the witness’s testimony matched the physical evidence. State v. Arrington, __ N.C. App. __ (June 4, 2025) (Collins). During closing arguments in the defendant’s murder trial, the prosecutor argued that a specific prosecution witness was the “most credible witness that testified in this trial,” and that he “told [the jury] the truth.” Defense counsel did not object and the defendant was convicted. On appeal, the defendant argued that this was improper vouching for the credibility of the witness, and that the trial judge erred by failing to intervene ex mero motu. The Court of Appeals determined that the prosecutor’s arguments were proper. Viewed in context, they were not statements of “personal belief” in the witness’s honesty. Rather, they were proper arguments highlighting the fact that the witness’s testimony matched the physical evidence. A trial judge correctly stated the law concerning the need to acknowledge guilt in order to claim diminished capacity, and did not plainly err in instructing the jury on insanity. State v. Copenhaver, __ N.C. App. __ (June 4, 2025) (multiple authors). The defendant stabbed her mother [...]