State v. Mitchell

STEELMAN, Judge.

Where defendant has not demonstrated prejudice from the trial court’s refusal to postpone the trial, or that the admission of evidence *707was plain error, a new trial is not warranted. Where the prosecutor’s closing argument was proper, the trial court did not abuse its discretion in failing to intervene ex mero motu.

I. Factual and Procedural Background

On the evening of 20 January 2007, Jamie Mitchell (“defendant”) and his girlfriend, Tenika Utley, attended a party in Apex, North Carolina. Ms. Utley left the party and went to the home of defendant’s cousin, Sequina Sidney. Some…