It’s like Fight Club: the first rule of talking about sentencing at trial is don’t talk about sentencing at trial.
In a prior post on this topic, I began outlining some impermissible types of jury argument. In this post, I’ll continue that discussion with the following additional listing of improper argument: Religious Arguments. The N.C. Supreme Court has repeatedly cautioned against jury arguments based on religion, see, e.g., State v. Barden, 356 N.C. 316 (2002), … Read more
In a prior post on this topic, I addressed permissible jury argument. In this post and one that follows [editor’s note: coming next week], I address impermissible argument. The courts have identified several types of arguments that are improper. They include: Abusive Arguments. During a closing argument a lawyer may not become abusive. G.S. 15A-1230(a); … Read more
Issues regarding the permissible scope of jury argument are becoming commonplace in N.C. criminal cases. In a series of posts, I’ll address some recurring issues that arise regarding the content of opening and closing arguments. In this first one, I’ll outline the scope of proper jury argument. Two posts that follow will deal with impermissible … Read more