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4. Urging jury to make an example of this defendant. It is error for counsel for the state, in argument to the jury, to comment on the frequent occurrence of murder in the community and the formation of vigilance committees and mobs, and to state that the same are caused by laxity in the administration of the law, and that they should make an example of the defendant. State v. Phifer, 197 N.C. 729, 150 S.E. 353 (1929). 5. Urging the jury to follow community sentiment. It is proper to tell the jury that they are the voice and conscience of the community, but it is improper to demand punishment because of community sentiment, asking the jury to lend an ear to the community rather than a voice. State v. Scott, 314 N.C. 309, 333 S.E.2d 296 (1985). 6. Argument converying perceived accountability of jury to the victim, the witnesses, the community, or society in general. State v. Boyd, 311 N.C. 408, 319 S.E.2d 189 (1984). EXAMPLES OF PROPER ARGUMENTS: 1. Urging jury to disbelieve certain testimony. Counsel are entitled to comment during closing argument on any contradictory evidence as the basis for the jury's disbelief of a witness’ story. Where the record includes evidence contradicting the witness’ statement, counsel may comment on the untruthfulness of that statement. State v. Golphin, 352 N.C. 364, ___ S.E.2d ___ ( ). 2. Reminding jury of their duty to make a decision. It is permissible for a prosecutor to argue that “the buck stops here” or that jurors had become “judges” or had become the “they” as in “they ought to do something”. These statements correctly inform the jury that for purposes of the trial they have become representatives of the community and it is proper for them to act as the voice and conscience of the community, so as to temper the harshness of the law with the common sense judgment of the community. State v. Scott, 314 N.C. 309, 333 S.E.2d 296 (1985).
STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE NUMBER 94 CvS 507 AMY L. CANNON, ) Plaintiff ) ) VS ) ) ORDER EXTENDING SESSION ) DAVID A. ELLIS, M.D.; ) J. MARION ROSS, M.D., and ) HENDERSON OB-GYN ASSOCIATES, P.A., ) Defendants ) ************************************************************************************ This Order is entered upon the Court’s own Motion in the above matter. This case having come on for the trial before the undersigned in Henderson County Superior Court during the week of December 11, 1995, and the trial of the matter having begun at approximately 11:00 a.m. on December 11, 1995, and having continued thereafter during the full normal business day of each day of the week, without having reached a conclusion, and it appearing that it is necessary that the Session of Court be extended so that the case may be concluded; It is, therefore, ORDERED, that the current Session of Court be and hereby is extended until such time as the trial of this case is concluded, that each of the jurors shall continue in service, unless excused by the Court, until the conclusion of the case and that this Court retains jurisdiction over this matter until conclusion of the trial. This Order is entered on December 15, 1995, at 4:45 p.m. ______________________________________ Superior Court Judge
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GRAND JURY QUESTIONNAIRE The presid
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Page 11 and 12: SUGGESTED PROCEDURE: A. Setting bon
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Page 27 and 28: NOTICE TO ATTORNEYS CONCERNING JURY
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Page 31 and 32: BATSON CHECKLIST INFORMATION NEEDED
Page 33 and 34: SAMPLE BATSON ORDER NORTH CAROLINA
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Page 37 and 38: NORTH CAROLINA GASTON COUNTY IN THE
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