State v. Tyler

In State v. Tyler, 346 N.C. 187, 205, 485 S.E.2d 599, 609, cert. denied, 522 U.S. 1001, 118 S. Ct. 571, 139 L. Ed. 2d 411 (1997), the Supreme Court of North Carolina rejected the defendant's contention that the trial court had erred by failing to intervene ex mero motu when the prosecutor commented that the defendant had put his "hand on the Bible and told about 35,000 whoppers and then he walked on it and did it." Tyler, 346 N.C. at 207, 485 S.E.2d at 610. There, several eyewitnesses had described the defendant's physical and emotional abuse of the victim, although the defendant denied any abuse. "Given this context, the prosecutor's argument was 'no more than an argument that the jury should reject the defendant's testimony' because 'his version of the events was unbelievable.'" Id. at 208, 485 S.E.2d at 610.