Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Simmons, 205 N.C. App. 509 (Jul. 20, 2010)
The trial court abused its discretion when it allowed the prosecutor, in closing argument and over the defendant’s objection, to compare the defendant’s impaired driving case to a previous impaired driving case litigated by the prosecutor. The prosecutor discussed the facts of the case, indicated that the jury had returned a guilty verdict, and quoted from the appellate decision finding no reversible error. Reversed for a new trial.