Opinion

State v. Fullwood

  • 323 N.C. 371
  • 373 S.E.2d 518
  • 1988 N.C. LEXIS 622
Court
Supreme Court of North Carolina
Filed
Nov 3, 1988
Status
Published
Author
Frye
On the bench
Whichard, Exum, Frye
Cited by
68 cases
Authority
More cited than 6.5%

Vacated by Fullwood v. North Carolina, 494 U.S. 1022 (1990)

concluding that an expert’s characterizing his opinion as a “guess” does not render the opinion inadmissible when the term implies uncertainty instead of “mere conjecture or speculation”

How later courts described this case

  • concluding that an expert’s characterizing his opinion as a “guess” does not render the opinion inadmissible when the term implies uncertainty instead of “mere conjecture or speculation”
  • holding that admission of expert testimony that defendant’s wounds were self-inflicted was harmless error when two other doctors testified to essentially same opinions
  • relying on the fact that the defendant killed the victim in front of several small children as one basis for finding the death sentence proportionate
  • about an hour after victim’s death, defendant told police officer that victim had stabbed him; statement not admitted because defendant had time to manufacture statement and it was not made spontaneously

Written by the judges who cited it.

The opinion

Justice FRYE

dissenting as to sentence.

For the reasons expressed in the Chief Justice’s dissenting opinions in State v. McKoy, 323 N.C. 1 , 372 S.E. 2d 12 and in State v. Allen, 323 N.C. 208 , 372 S.E. 2d 855 (1988), I believe the United States Supreme Court’s decision in Mills v. Maryland, 486 *407 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 result reached by the majority on the guilt phase issues.

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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