Opinion

State v. Moxley

  • 78 N.C. App. 551
  • 338 S.E.2d 122
  • 1985 N.C. App. LEXIS 4322
Court
Court of Appeals of North Carolina
Filed
Dec 31, 1985
Status
Published
Author
Becton
On the bench
Hedrick, Becton
Cited by
5 cases
Authority
More cited than 6.7%

The opinion

Judge Becton

concurring in the result.

Although my intuitive convictions — that a death-qualified jury is more prone to convict than a non-death-qualified jury and fails to represent a fair cross-section of the community — have been verified based on methodologically sound sociological studies and surveys as well as expert testimony, see Grigsby v. Mabry, *558 758 F. 2d 226 (8th Cir. 1985) (en banc), petition for cert. granted sub nom. Lockhart v. McCree, --- U.S. ---, 88 L.Ed. 2d 48 , 106 S.Ct. 59 (7 October 1985), I am compelled to concur in the result. I do so, however, solely because our Supreme Court has consistently upheld the death qualification process utilized in this case. See, e.g., State v. Young, 312 N.C. 669 , 325 S.E. 2d 181 (1985); State v. Murray, 310 N.C. 541 , 313 S.E. 2d 523 (1984).

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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