Opinion

State v. Quesinberry

  • 325 N.C. 125
  • 381 S.E.2d 681
  • 1989 N.C. LEXIS 373
Court
Supreme Court of North Carolina
Filed
Jul 26, 1989
Status
Published
Author
Exum
On the bench
Whichard, Exum, Frye
Cited by
26 cases
Authority
More cited than 6.5%

holding the trial court properly did not intervene ex mero motu to the State’s argument that the jury should send a message to the community

How later courts described this case

  • holding the trial court properly did not intervene ex mero motu to the State’s argument that the jury should send a message to the community
  • no allegation that jurors received information about parole from outside source; affidavits stating that jurors believed the defendant would be released in ten years not admissible under Rule 606(b)

Written by the judges who cited it.

The opinion

Chief Justice EXUM

concurring.

I concur with the majority’s treatment of all issues.

If 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.

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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