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Criminal Practice – Constitutional – Assistance of Counsel – Closing Argument – Concession of Guilt

North Carolina Lawyers Weekly Staff//July 25, 2010//

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Criminal Practice – Constitutional – Assistance of Counsel – Closing Argument – Concession of Guilt

Criminal Practice – Constitutional – Assistance of Counsel – Closing Argument – Concession of Guilt

North Carolina Lawyers Weekly Staff//July 25, 2010//

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State v. Mills. (Lawyers Weekly No. 10-07-0685, 17 pp.) (Robert N. Hunter Jr., J.) (Sam Ervin IV, J., concurring) Appealed from Nash County Superior Court. (Quentin T. Sumner, J.) N.C. App.

Holding: During summation, defense counsel said that “a murder occurred out at the Castalia ball field.” Defendant had admitted to shooting the victim but claimed self-defense. Since an equipment malfunction prevented the recording of defense counsel’s summation and of part of the state’s summation, we must remand for a hearing.

No error as to the trial court’s failure to intervene ex mero motu when the state referred back to defense counsel’s statement during the state’s . Remanded for a hearing on defendant’s claim of ineffective .

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