State v. Newson, 239 N.C. App. 183 (Feb. 3, 2015)

The trial court did not err by denying the pro se defendant’s motion for mistrial asserting that the jury was prejudiced against him. The record revealed that members of the jury did seem to be frustrated with the pro se defendant who was disruptive in court and asked rambling and irrelevant questions of witnesses. Their frustration was demonstrated through notes to the trial court and the fact that some members stood up several times in apparent exasperation during the proceedings. However, the court concluded that where a defendant was “prejudiced in the eyes of the jury by his own misconduct, he cannot be heard to complain.” (quotation omitted).