By North Carolina Judicial Branch
State v. Ricardo V. Hale
trial court's error in failing to give curative instruction after sustaining objection during closing argument did not prejudice defendant based on the evidence of his guilt; abuse of discretion applies to trial court's decision whether to give additional jury instructions and trial court did not abuse its discretion by rereading substantive instructions rather than directly answering jury's question; record did not affirmatively disclose that trial court relied on pending charge when sentencing defendant to consecutive sentences
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Summary
trial court's error in failing to give curative instruction after sustaining objection during closing argument did not prejudice defendant based on the evidence of his guilt; abuse of discretion applies to trial court's decision whether to give additional jury instructions and trial court did not abuse its discretion by rereading substantive instructions rather than directly answering jury's question; record did not affirmatively disclose that trial court relied on pending charge when sentencing defendant to consecutive sentences