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Tag Archives: closing argument

Criminal Practice – Rape – Evidence – Prior Interactions – Closing Argument – ‘Hunter’ (access required)

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” demonstrate defendant’s aggression and support the victim’s account of her state of mind -- that she did not report the rape because she was afraid of defendant.

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Criminal Practice – Closing Argument – No Evidence Presented – New Trial – Evidence Preservation – Similar Break-In (access required)

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 argument.

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Criminal Practice – Closing Argument – No Evidence Presented – New Trial (access required)

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’s own testimony on direct examination; furthermore, defense counsel never formally introduced the statement into evidence.

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

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, the prosecutor injected his personal experiences from a prior case ...

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Criminal Practice – Constitutional – Ineffective Assistance of Counsel – Closing Argument – Admission of Guilt – No Affirmative Consent (access required)

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 Superior Court. (Abraham P. Jones, J.) On remand from the ...

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