Prosecutor Called the Defendant An S.O.B During Trial
1. In State v. Davis, 45 N.C. App. 113, 262 S.E.2d 329 (1980), the Court found that the defendant did not receive a fair trial because the prosecutor called the defendant an "'S.O.B.'" in his closing argument, which was "highly improper, objectionable, and clearly used to prejudice the jury against defendant." Id. at 115, 262 S.E.2d at 330.
The Court held "ordinarily, an appellate court does not review the exercise of the trial judge's discretion in controlling jury argument unless the impropriety of the counsel's remarks is extreme and is clearly calculated to prejudice the jury." Id.
2. In State v. Davis, 291 N.C. 1, 229 S.E.2d 285 (1976), the defendant challenged the prosecutor's statement to the jury, "The State would argue and contend to you that his defendant's testimony was nothing but the testimony of a pathological liar." Id. at 12, 229 S.E.2d at 293.
The North Carolina Supreme Court reasoned that a lawyer may argue to the jury that they should not believe a witness and that the prosecutor's statement was a submission of defendant's credibility to the jury. Id.