Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Herrin, 213 N.C. App. 68 (Jun. 21, 2011)
The trial court did not commit prejudicial error in violation of G.S. 15A-1222 (judge may not express an opinion) by laughing in the presence of the jury upon hearing a witness’s testimony that defendant “ran like a bitch all the way, way down past his house.” The court concluded that “[a]lthough the judge’s outburst may have been ill-advised and did not exemplify an undisturbed atmosphere of judicial calm” (quotation omitted) any resulting error was harmless.