The North Carolina Court of Appeals orders a new trial for misconduct in closing argument

Criminal defendants have an absolute constitutional right to plead not guilty and be tried by a jury of their peers. U.S. Const. amend. VI; N.C. Const. art. I, § 24. Our caselaw is unequivocal that the right to enter a plea of not guilty encompasses the right to be free from condemnation in front of a jury for making that choice. A defendant’s right to a fair trial is abridged by a prosecutor’s complaints before a jury during closing argument about the defendant’s decision to plead not guilty, and that is exactly what happened here. During her closing argument the prosecutor condemned Defendant, Brandon Scott Goins, for pleading not guilty and in doing so violated Defendant’s right to receive a fair trial. We order a new trial.