Opinion

State v. Fisher

  • 321 N.C. 19
  • 361 S.E.2d 551
  • 1987 N.C. LEXIS 2496
Court
Supreme Court of North Carolina
Filed
Nov 5, 1987
Status
Published
Author
Mitchell
On the bench
Frye, Mitchell, Martin, Whichard, Meyer
Cited by
15 cases
Authority
More cited than 6.1%

noting that a witness identification based on a newspaper photo does "not result from state action [and therefore does] not violate defendant's due process rights"

How later courts described this case

  • noting that a witness identification based on a newspaper photo does "not result from state action [and therefore does] not violate defendant's due process rights"
  • even though defendant had notice that the State had evidence of blood samples seized in a warrantless search, defendant did not have notice of the State’s intent to use that evidence

Written by the judges who cited it.

The opinion

Justice MITCHELL

concurring.

I continue to believe that the reasoning of Justice Martin’s dissent, which I joined, in State v. Belton, 318 N.C. 141 , 347 S.E. 2d 755 (1986), is correct and that Belton was wrongly decided on the double jeopardy question which is before us again in this case. As Belton represents the current status of the law on the question, however, I feel compelled to vote to apply it at this time. Because I am unable to say with certainty that the jury here used the sexual assault for which the defendant had not been indicted to supply the sexual assault element of the crime of first degree kidnapping, I am unable to distinguish this case from Belton with regard to the double jeopardy question. Accordingly, I concur in the opinion of the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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