Case Summaries -- Supreme Court of North Carolina (June 11, 2021)

This post summarizes criminal decisions released by the Supreme Court of North Carolina on June 11, 2021. Prosecutor’s improper comments on defendant’s decision to plead not guilty during closing arguments were not prejudicial. State v. Goins, 2021-NCSC-65, ___ N.C. __, ___ S.E.2d ___ (June 11, 2021). The defendant was convicted of attempted first-degree murder for shooting a law enforcement officer who was attempting to serve a warrant for the defendant’s arrest for violating probation. During closing argument, the prosecutor stated: [You m]ight ask why would [defendant] plead not guilty? I contend to you that the defendant is just continuing to do what he’s done all along, refuse to take responsibility for any of his actions. That’s what he does. He believes the rules do not apply to him. . . . [Defendant’s] not taking responsibility today. There’s nothing magical about a not guilty plea to attempted murder. He’s got to admit to all the other charges. You see them all on video. The only thing that’s not on video is what’s in his head. He also knows that those other charges carry less time. There’s the magic. Slip op. at ¶ 8. The defendant did not object to the State’s closing argument, and he was convicted of attempted murder and other charges. On appeal, the defendant argued that the trial court’s failure to intervene during the State’s improper argument was reversible error. The majority of the Court of Appeals panel agreed, holding that the prosecutor’s commentary on defendant’s decision to plead [...]