# State v. Camacho

> Supreme Court of North Carolina · July 29, 1994 · 337 N.C. 224

URL: https://www.frixlaw.com/law-library/cases/9592630

## Case

- **Full name:** State of North Carolina v. Fredrick Camacho
- **Court:** Supreme Court of North Carolina
- **Decided:** July 29, 1994
- **Citations:** 337 N.C. 224; 446 S.E.2d 8; 1994 N.C. LEXIS 414
- **Precedential status:** Published
- **Opinion:** Concurrence by Mitchell
- **Judges:** Exum, Mitchell
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9592630

## How later opinions describe it (automated extraction)

- holding that "legal provocation" existed to support a voluntary manslaughter instruction were defendant beat victim to death with a hammer after victim assaulted defendant with a knife
- finding failure to instruct on a lesser included offense charged in the bill of indictment and supported by the evidence violates the Due Process Clause of the Fourteenth Amendment

## Opinion text

Justice Mitchell
concurring.
The result reached by the majority here is consistent with this Court’s decision in State v. Thomas, 325 N.C. 583 , 386 S.E.2d 555 (1989). I dissented from the decision of the majority in Thomas , and I continue to believe that the reasoning of my dissent in that case was correct. Id. at 600-606 , 386 S.E.2d at 564-68 (Mitchell, J., dissenting, joined by Webb, J.). However, the doctrine of stare decisis — which commands that courts abide by established binding precedent except in the most extraordinary circumstances — requires that I now accept Thomas as authoritative and concur in the decision of the majority in the present case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9592630. Public record. Not legal advice.