# State v. Hooper

> Court of Appeals of North Carolina · February 4, 1986 · 79 N.C. App. 93

URL: https://www.frixlaw.com/law-library/cases/8908099

## Case

- **Full name:** STATE OF NORTH CAROLINA v. THOMAS M. HOOPER
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 4, 1986
- **Citations:** 79 N.C. App. 93; 339 S.E.2d 70; 1986 N.C. App. LEXIS 1989
- **Precedential status:** Published
- **Opinion:** Dissent by Webb
- **Judges:** Becton, Cozort, Webb
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8908099

## Opinion text

Judge Webb
dissenting.
I dissent. I do not believe the statement by Mr. Reed that the defendant stopped talking to him and asserted his constitutional rights is prejudicial error. This is not a case in which the defendant remained silent and this was used against him. Mr. Reed properly testified as to what the defendant told him. I do not see how it is more harmful to the defendant for Mr. Reed to have testified as he did rather than merely to have said the defendant stopped talking to him, which in the majority view would not have constituted prejudicial error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8908099. Public record. Not legal advice.