# State v. McLaughlin

> Supreme Court of North Carolina · September 7, 1988 · 323 N.C. 68

URL: https://www.frixlaw.com/law-library/cases/9567513

## Case

- **Full name:** STATE OF NORTH CAROLINA v. ELTON OZELL McLAUGHLIN
- **Court:** Supreme Court of North Carolina
- **Decided:** September 7, 1988
- **Citations:** 323 N.C. 68; 372 S.E.2d 49; 1988 N.C. LEXIS 537
- **Precedential status:** Published
- **Opinion:** Dissent by Frye
- **Judges:** Meyer, Frye, Exum
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by McLaughlin v. North Carolin, 494 U.S. 1021 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9567513

## How later opinions describe it (automated extraction)

- noting that, “[although the transcript in the case sub judice cannot be described as a model of reporting service, it is not so inaccurate as to prevent this Court from reviewing it for errors in defendant’s trial”

## 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.
Chief Justice EXUM joins in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9567513. Public record. Not legal advice.