# State v. Huff

> Supreme Court of North Carolina · July 26, 1989 · 325 N.C. 1

URL: https://www.frixlaw.com/law-library/cases/9588640

## Case

- **Full name:** State of North Carolina v. Everett Randolph Huff
- **Court:** Supreme Court of North Carolina
- **Decided:** July 26, 1989
- **Citations:** 325 N.C. 1; 381 S.E.2d 635; 1989 N.C. LEXIS 369
- **Precedential status:** Published
- **Opinion:** Concurrence by Exum
- **Judges:** Meyer, Exum, Webb, Frye
- **Cited by:** 98 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Spotted War Bonnet v. United States, 497 U.S. 1021 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9588640

## How later opinions describe it (automated extraction)

- establishing that the right of a capital defendant to be present at all stages of his trial is guaranteed by Article I, section 23 of the Constitution of North Carolina, but holding that the harmless error standard applicable to errors under the Constitution of the United Stat…
- applying harmless error review to alleged violations of defendant’s nonwaivable right to be present at all stages of his capital trial

## Opinion text

*80 Chief Justice EXUM
concurring.
I concur with the majority’s treatment of all issues in the guilt and sentencing phases of this trial.
If in the sentencing phase the Court were addressing for the first time the mitigating circumstance unanimity instruction issue, I would agree with defendant’s position that these instructions violate the Eighth Amendment to the federal constitution as that amendment was interpreted in Mills v. Maryland, 486 U.S. —, 100 L.Ed. 2d 384 (1988), for the reasons stated in my dissenting opinions in State v. McKoy, 323 N.C. 1 , 372 S.E. 2d 12 (1988), cert. granted, — U.S. —, 103 L.Ed. 2d 180 (1989), and State v. Allen, 323 N.C. 208 , 372 S.E. 2d 855 (1988). The majority’s position on this issue is, as a result of the Court’s decisions in McKoy and Allen , the law of this state to which I am now bound. For this reason I concur with the majority’s treatment of this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9588640. Public record. Not legal advice.