State v. Springs, 200 N.C. App. 288 (Oct. 6, 2009)

The trial judge impermissibly expressed an opinion during the defendant’s testimony that tended to discredit the defense theory and required a new trial. In this drug case, the defense’s principal theory was that the defendant did not possess the controlled substance and paraphernalia because her boyfriend brought the items to her apartment while she was at work. During her testimony, the defendant was questioned about how often her boyfriend went to her apartment. The State objected. The trial court sustained the objection, and stated: “Let’s move on to another area. He has no involvement with these charges.”