# State v. Moxley

> Court of Appeals of North Carolina · December 31, 1985 · 78 N.C. App. 551

URL: https://www.frixlaw.com/law-library/cases/9602375

## Case

- **Full name:** State of North Carolina v. Harvey Lee Moxley and Bobby Joe Moxley
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 31, 1985
- **Citations:** 78 N.C. App. 551; 338 S.E.2d 122; 1985 N.C. App. LEXIS 4322
- **Precedential status:** Published
- **Opinion:** Concurrence by Becton
- **Judges:** Hedrick, Becton
- **Cited by:** 5 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/9602375

## Opinion text

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).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9602375. Public record. Not legal advice.