Opinion

State v. Holden

  • 321 N.C. 125
  • 362 S.E.2d 513
  • 71 A.L.R. 4th 585
  • 1987 N.C. LEXIS 2568
Court
Supreme Court of North Carolina
Filed
Dec 2, 1987
Status
Published
Author
Exum
On the bench
Webb, Exum, Frye
Cited by
192 cases
Authority
More cited than 6.2%

Declined to follow by State v. Robinson, 330 N.C. 1 (1991)

holding no abuse of discretion where trial court found that it had “no alternative but to dismiss” juror after guilt phase upon learning that juror would not impose the death sentence under any circumstances

How later courts described this case

  • holding no abuse of discretion where trial court found that it had “no alternative but to dismiss” juror after guilt phase upon learning that juror would not impose the death sentence under any circumstances
  • “The notice provided by this statute is sufficient to satisfy the constitutional requirements of due process.”
  • prosecutor’s statement, “How many more women are we going to have to see this man rape before we say enough is enough?” was not held to be so “grossly improper” as to require the trial court to intervene ex mero motu
  • “Prior consistent statements made by a witness are admissible for purposes of corroborating the testimony of that witness, if it does in fact corroborate his testimony.”

Written by the judges who cited it.

Later courts went against this

  • Declined to follow by State v. Robinson, 330 N.C. 1 (1991)

    We decline to extend Holden to allow the testimony at issue in this case.
    Supreme Court of North CarolinaOct 3, 1991Read it

The opinion

Chief Justice Exum

concurring.

Were we deciding the issue for the first time, I would agree with defendant’s contention that the trial court erred in failing to give defendant’s requested instruction number seven, which is:

With respect to each of the mitigating circumstances, only those mitigating circumstances unanimously found by you to exist should be marked “yes” by you on the verdict sheet. However, no single juror is precluded from considering anything in mitigation in the ultimate balancing process, even if that mitigating factor was not considered or agreed upon by all 12 of you unanimously.

This is precisely the instruction suggested by the state in State v. Kirkley, 308 N.C. 196 , 302 S.E. 2d 144 (1983) (Exum, J., dissenting). As the state’s brief then put it, such an instruction should be given in order that “no juror ... be precluded from considering anything in mitigation in the ultimate balancing process even if that mitigating factor was not agreed upon unanimously. To do otherwise, the State believes, could run afoul of Lockett v. Ohio, [ 438 U.S. 586 (1978) ].” Id. at 228, 302 S.E. 2d at 163 .

I continue to think, as I wrote in dissent in Kirkley , that in the final balancing process the rationale of Lockett would suggest that each juror must be permitted to consider any circumstance he or she concludes exists and has mitigating value whether or not all other jurors agree.

The Court held to the contrary in Kirkley , and Kirkley , being the law on this point, controls the issue here contrary to defendant’s contention.

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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