State v. Mccarver

In State v. McCarver, 341 N.C. 364, 462 S.E.2d 25 (1995), the testimony of one witness "had a profound effect upon the defendant," McCarver, 341 N.C. at 384, 462 S.E.2d at 36, after which the defendant "spoke privately with defense counsel, who . . . stated that defendant 'will not speak.'" Id. Counsel for the defendant then explained the following to the court: Two or three times this morning the defendant wanted me to stop the trial and I refused. Frankly, I was on the edge of my seat wondering if the defendant would simply get up and walk out. I'm not saying he's violent or anything like that, but he's just having a hard time hearing it. I would like the Court to know that, if I may. I will not let the defendant run this case. He knows that. He does not control the defense, he can make suggestions. But if his state is so bad, Your Honor, I may stand up at a point and say, "May we have a short recess?" Id. at 385, 462 S.E.2d at 36. Our Supreme Court reasoned that "although defense counsel in the present case may have employed a better choice of words in describing the situation at the time, we find no indication in the record of 'an absolute impasse' between the client and the defense team as it concerned trial tactics." Id.