# State v. Cummings

> Supreme Court of North Carolina · October 6, 1988 · 323 N.C. 181

URL: https://www.frixlaw.com/law-library/cases/9567475

## Case

- **Full name:** State of North Carolina v. Jerry Ray Cummings
- **Court:** Supreme Court of North Carolina
- **Decided:** October 6, 1988
- **Citations:** 323 N.C. 181; 372 S.E.2d 541; 1988 N.C. LEXIS 605
- **Precedential status:** Published
- **Opinion:** Dissent by Frye
- **Judges:** Martin, Exum, Frye
- **Cited by:** 22 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/9567475

## How later opinions describe it (automated extraction)

- finding the death penalty not disproportionate where it was imposed in four of five other cases in which a defendant was convicted of a prior violent felony resulting in the victim's death
- finding death penalty proportionate where death penalty imposed in four of five other cases in which a defendant had been convicted of a prior violent felony resulting in the victim's death

## Opinion text

Justice FRYE
dissenting as to sentence.
For the reasons expressed in the Chief Justice’s dissenting opinion in State v. McKoy, 323 N.C. 1 , 372 S.E. 2d 12 (1988), which I joined, I believe the United States Supreme Court’s decision in Mills v. Maryland, 486 U.S. ---, 100 L.Ed. 2d 384 (1988), requires that defendant be given a new sentencing hearing. Accordingly, I dissent from that portion of the Court’s opinion which rejects defendant’s argument based upon the holding of Mills . I concur in the remainder of the Court’s opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9567475. Public record. Not legal advice.