North Carolina Lawyers Weekly

Mar 24, 2026

Court of Appeals upholds manslaughter conviction, finds castle doctrine is not a ‘license to kill’

There was sufficient evidence to reject Defendant’s castle doctrine defense and no reversible error in the jury instructions or closing argument. We upheld Defendant’s voluntary manslaughter conviction. The case arose […]

Jul 1, 2024

Commentary: Punish? Yes, but sharp litigators also look to deter misconduct

In Haarhuis v. Cheek, the North Carolina Court of Appeals ruled that deterrence arguments are permissible during the compensatory damages phase of a negligence trial, broadening the scope of closing arguments in tort cases.

Oct 3, 2017

Criminal Practice — Closing Argument – Impropriety – Overwhelming Evidence

State v. Huey (Lawyers Weekly No. 010-059-17, 19 pp.) (Cheri Beasley, J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) On discretionary review from the Court of Appeals. […]

Apr 19, 2012

Criminal Practice – Rape – Evidence – Prior Interactions – Closing Argument – ‘Hunter’

State v. Foust During his closing arguments, defendant questioned the victim’s failure to call the police and indicated that she would not have been afraid of defendant. Thus, the victim’s state of mind was relevant. A previous altercation between defendant and a male visitor to the victim’s home and an incident in which defendant called the victim a “whore” and a “slut” dem[...]

Jan 19, 2012

Criminal Practice – Closing Argument – No Evidence Presented – New Trial – Evidence Preservation – Similar Break-In

State v. Matthews Even though, during his cross-examination of a prosecution witness, defendant elicited a confirmation that another person had initially been identified as a suspect, defendant did not present evidence within the meaning of Rule 10 of the General Rules of Practice for the Superior and District Courts. Therefore, defendant should have been allowed the final closing argumen[...]

Jan 19, 2012

Criminal Practice – Closing Argument – No Evidence Presented – New Trial

State v. Hogan 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’[...]

Jul 25, 2010

Criminal Practice – DWI – Closing Argument – Facts From Prior Case – New Trial – Search & Seizure – Traffic Stop – Reasonable Suspicion – Weaving

State v. Simmons. (Lawyers Weekly No. 10-07-0691, 27 pp.) (Linda Stephens, J.) Appealed from Pitt County Superior Court. (W. Russell Duke Jr., J.) N.C. App. Holding: In his final argument, […]

Jul 25, 2010

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

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. […]

Jul 12, 2010

Criminal Practice – Constitutional – Ineffective Assistance of Counsel – Closing Argument – Admission of Guilt – No Affirmative Consent

State v. Maready. (Lawyers Weekly No. 10-07-0618, 49 pp.) (Linda M. McGee, J.) (Sam Ervin IV, concurring in part and concurring in the result in part) Appealed from Durham County […]