# State v. Pinch

> Supreme Court of North Carolina · June 2, 1982 · 306 N.C. 1

URL: https://www.frixlaw.com/law-library/cases/9602015

## Case

- **Full name:** State of North Carolina v. Michael Edward Pinch
- **Court:** Supreme Court of North Carolina
- **Decided:** June 2, 1982
- **Citations:** 306 N.C. 1; 292 S.E.2d 203; 1982 N.C. LEXIS 1386
- **Precedential status:** Published
- **Opinion:** Concurrence by Carlton
- **Judges:** Copeland, Exum, Carlton, Mitchell, Branch
- **Cited by:** 150 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by State v. Benson, 323 N.C. 318 (1988).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9602015

## How later opinions describe it (automated extraction)

- rejecting Pinch's arguments that the Supreme Court of North Carolina should adopt additional procedures to assist proportionality review; Pinch's argument was based in part on the claim, raised in his Appellant's Brief at page 100, that without such procedures he would be deni…

## Opinion text

*62 Justice Carlton
concurring.
I concur with the majority opinion. However, I wish to add that I agree with the views expressed by Justice Exum in section IV. of his dissenting opinion. In my opinion, the comparison pool for proportionality review for first degree murder cases should include all cases tried under the present death penalty statute which have been affirmed on appeal by this Court, regardless of the punishment imposed. I think it is time for this Court to address this issue.
Chief Justice BRANCH joins in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9602015. Public record. Not legal advice.