Smith's Criminal Case Compendium
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State v. Pressley, COA24-411, ___ N.C. App. ___ (Dec. 31, 2024)
In this Henderson County case, defendant appealed his convictions for first-degree forcible rape and first-degree forcible sex offense, arguing error in failing to inform him that he had the right to open and close during closing arguments. The Court of Appeals dismissed defendant’s appeal for failure to preserve the issue for appellate review.
Here, the Court of Appeals explained that after the charge conference, the trial court offered defendant the opportunity to close last, which defendant accepted. However, because defendant “failed to object, request, or make a motion regarding his opportunity to both open and close the closing arguments to the jury” the court concluded the issue of instructing him regarding his right to open was unpreserved. Slip Op. at 5. The court also declined to invoke Rule 2 of the Rules of Appellate Procedure, as “defendant [] failed to cite to any case precedent that indicates that he is entitled to a new trial because he was not informed of his right to open the closing arguments, nor has defendant pointed to any case precedent that indicates the trial court had an affirmative duty to inform him of such right.” Id. at 6.