State v. Dye, 207 N.C. App. 473 (Oct. 19, 2010)

The trial court did not abuse its discretion by denying the defendant’s mistrial motion, made after the jury returned guilty verdicts. The motion was based on the fact that the child victim in this sexual assault case twice interrupted defense counsel’s closing argument. After the initial interruption, the trial court, out of the jury’s presence, instructed the victim to remain quiet. After her second outburst, the victim was removed from the courtroom. Additionally, the trial provided the defendant with an opportunity to request remedial measures, including mistrial, an invitation that was declined until after the verdict was returned.

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