# State v. Fullwood

> Supreme Court of North Carolina · November 3, 1988 · 323 N.C. 371

URL: https://www.frixlaw.com/law-library/cases/9590381

## Case

- **Full name:** State of North Carolina v. Michael Lee Fullwood
- **Court:** Supreme Court of North Carolina
- **Decided:** November 3, 1988
- **Citations:** 323 N.C. 371; 373 S.E.2d 518; 1988 N.C. LEXIS 622
- **Precedential status:** Published
- **Opinion:** Dissent by Frye
- **Judges:** Whichard, Exum, Frye
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Fullwood v. North Carolina, 494 U.S. 1022 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9590381

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9590381. Public record. Not legal advice.