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Closing Arguments

Oct 7, 2011

Criminal Practice – Attempted Murder – Intent to Kill – Buying Knife & Lying in Wait – Closing Arguments – Animal Analogy

State v. Teague The state presented enough evidence of defendant’s intent to kill to reach the jury on a charge of attempted murder: the day that defendant was told to leave the victims’ residence by their daughter-in-law, defendant drove to Walmart and bought a pair of binoculars and a knife; eventually returned to the victims’ residence; laid near the residence watching them with [...]

Jan 6, 2011

Criminal Practice – Murder – Proffered Expert – Intent – Felony Murder – Closing Argument

State v. Oakes. (Lawyers Weekly No. 11-07-0024, 23 pp.) (Barbara Jackson, J.) Appealed from Hertford County Superior Court. (William C. Griffin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court declined to qualify defendant’s witness as an expert in the field of “use of force science.” Since […]

Oct 21, 2010

Criminal Practice – Statutory Rape & Incest – Expert Testimony – Secondary Gain – Closing Argument – Victim’s Disruption

State v. Dye. (Lawyers Weekly No. 10-07-1010, 14 pp.) (Donna S. Stroud, J.) Appealed from Durham County Superior Court. (Orlando F. Hudson, J.) N.C. App. Click here to read the full text of the opinion. Holding: Even if an expert should not have been allowed to testify that the victim did not appear to be […]

Aug 27, 2010

Criminal Practice – Effect of Felony Conviction in Closing Arguments – Weapon on Educational Property – Hearsay

  State v. Minton. (Lawyers Weekly No. 10-16-0830, 14 pp.) (Cheri Beasley, J.) (Barbara Jackson, J., concurring in the result only) Appealed from Orange County Superior Court. (Paul C. Ridgeway, J.) N.C. App. Unpub. Holding: Defendant has waived any challenge to the admission of hearsay evidence on appeal because defense counsel elicited the same evidence […]

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