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Criminal Practice – Closing Argument – No Evidence Presented – New Trial
North Carolina Lawyers Weekly Staff//January 19, 2012//
Criminal Practice – Closing Argument – No Evidence Presented – New Trial
North Carolina Lawyers Weekly Staff//January 19, 2012//
State v. Hogan (Lawyers Weekly No. 12-07-0061, 7 pp.) (John C. Martin, Ch.J.) Appealed from Robeson County Superior Court. (Gary L. Locklear, J.) N.C. App. Click here for the full-text opinion.
Holding: During cross-examination of prosecution witness Robert McQueen, defense counsel read aloud several portions of McQueen’s June 30, 2000 statement to police in what appears to have been an attempt to point out inconsistencies between McQueen’s trial testimony and his prior statement. The statements read and referenced by defense counsel were directly related to McQueen’s own testimony on direct examination; furthermore, defense counsel never formally introduced the statement into evidence. Accordingly, defendant never “introduced” evidence within the meaning of Rule 10 of the General Rules of Practice for the Superior and District Courts.
The trial court erred by denying defendant the right to the final argument to the jury. Defendant is entitled to a new trial.
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