State v. Lyles

In State v. Lyles, 172 N.C. App. 323, 328-29, 615 S.E.2d 890, 894-95, appeal dismissed, 360 N.C. 73, 622 S.E.2d 625 (2005), the Court examined a police detective's statement, and a reference to this statement made by the prosecutor, to determine if the State had violated defendant's right to remain silent. The detective in question testified at trial that the defendant had waived his Miranda rights and agreed to be questioned. Id. at 328, 615 S.E.2d at 894. He further testified "that the defendant was quiet during questioning and often would not respond to questions." Id. In his closing argument, the prosecutor made reference to the defendant's testimony, stating: "rarely are you going to have a Defendant who stands up and says, I knew it was cocaine, I knew I had it. That would be direct evidence of knowledge." Id. at 329, 615 S.E.2d at 895. On review, the Lyles Court determined that the prosecutor's argument did not amount to an impermissible reference to defendant's right to remain silent.