Issues regarding the permissible scope of jury argument are becoming commonplace in N.C. criminal cases. In a series of posts, I’ll address some recurring issues that arise regarding the content of opening and closing arguments. In this first one, I’ll outline the scope of proper jury argument. Two posts that follow will deal with impermissible argument. It is proper for a lawyer to make the following types of argument to the jury: Facts in Evidence and All Reasonable Inferences. A lawyer may argue the facts in evidence and all reasonable inferences from those facts. See, e.g., State v. Phillips, 365 N.C. 103, 135 (2011); State v. Wilkerson, 363 N.C. 382, 423-24 (2009); State v. Jones, 355 N.C. 117, 128 (2002). Relevant Law. Counsel may argue to the jury all relevant law, G.S. 7A-97; State v. Thomas, 350 N.C. 315, 353-55 (1999), including reading from a published decision, Thomas, 350 N.C. at 353-55. However, as I’ll note in a later post, a lawyer should not recite the facts and holding of another case and suggest that the matter before the jury should be resolved similarly. Positions or Conclusions. During argument a lawyer may “on the basis of his analysis of the evidence, argue any position or conclusion with respect to a matter in issue.” G.S. 15A-1230(a). Thus, for example, it is proper to argue that the jury should not believe a witness’s testimony. State v. Phillips, 365 N.C. 103, 139-40 (2011). Credibility of Witnesses. Provided that counsel does not express a personal [...]
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