Opinion

State v. Cofield

  • 320 N.C. 297
  • 357 S.E.2d 622
  • 1987 N.C. LEXIS 2152
Court
Supreme Court of North Carolina
Filed
Jul 7, 1987
Status
Published
Author
Meyer
On the bench
Exum, Meyer, Mitchell, Webb, Whichard
Cited by
33 cases

finding that racial discrimination in selection of a grand jury foreperson violates the United States and North Carolina Constitutions, and stating that "Article I, section 26 (of the North Carolina Constitution) does more than protect individuals from unequal treatment"

How later courts described this case

  • finding that racial discrimination in selection of a grand jury foreperson violates the United States and North Carolina Constitutions, and stating that "Article I, section 26 (of the North Carolina Constitution) does more than protect individuals from unequal treatment"
  • invoking Equal Protection Clause to set aside conviction based on racial discrimination in grand jury selection but allowing the State to reindict defendant through nondiscriminatory procedures
  • “As the titular head of the grand jury, the foreman is first among equals, both in the eyes of his fellow jurors and in the eyes of the public.”
  • “[e]xclusion of a racial group from jury service . . . entangles the courts in a web of prejudice and stigmatization”; selection of grand jury foreperson therefore must be based on racially neutral criteria.

Written by the judges who cited it.

The opinion

Justice MEYER

concurring in result.

I concur in section III of the majority opinion insofar as it holds that the equal protection guarantees of the fourteenth amendment of the United States Constitution prohibit racial discrimination in the selection of a grand jury foreman and thus a remand of this case for findings is dictated. The United States Constitution dictates the minimum equal protection rights of individuals in the sense that an individual’s equal protection rights may be greater under a state constitution, but his rights under the federal constitution may not be diminished thereby. Thus, I find it unnecessary and unwise to proceed to any analysis of rights under the state constitution.

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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