State v. Waring, 364 N.C. 443 (Nov. 5, 2010)

(1) No gross impropriety occurred in closing argument in the guilt-innocence phase of a capital trial when the prosecutor (a) improperly expressed his personal belief that there was overwhelming evidence of guilt; (b) improperly injected his personal opinion that a stab wound to the victim’s neck showed intent. (2) The trial court did not err by failing to intervene ex mero motu during closing argument in the sentencing phase of a capital trial when the prosecutor improperly injected his personal beliefs, repeatedly using the words, “I think” and “I believe.” (3) The collective impact of these arguments did not constitute reversible error.

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