Opinion

State v. Price

  • 326 N.C. 56
  • 388 S.E.2d 84
  • 1990 N.C. LEXIS 19
Court
Supreme Court of North Carolina
Filed
Feb 7, 1990
Status
Published
Author
Frye
On the bench
Frye
Cited by
54 cases
Authority
More cited than 6.8%

Vacated on other grounds by Price v. North Carolina, 498 U.S. 802 (1990)

stating that a “good reason” to limit the scope of counsel’s closing argument is irrelevance (citing, inter alia, Watson v. White, 309 N.C. 498, 507, 308 S.E.2d 268, 274 (1983))

How later courts described this case

  • stating that a “good reason” to limit the scope of counsel’s closing argument is irrelevance (citing, inter alia, Watson v. White, 309 N.C. 498, 507, 308 S.E.2d 268, 274 (1983))
  • circumstantial evidence of defendant’s perpetration of “virtually identi cal” strangulation, proximate in time, showing preparation, plan, knowledge or identity
  • according to Brown, a defendant's Eighth Amendment rights are jeopardized only when the jury is urged to ignore sympathy supported by facts in the record
  • circumstantial evidence of defendant’s perpetration of “virtually identi *458 cal” strangulation, proximate in time, showing preparation, plan, knowledge or identity

Written by the judges who cited it.

The opinion

Judge Frye

concurring in the result.

One of the preservation issues raised by defendant relates to the applicability of the United States Supreme Court’s decision in Mills v. Maryland, 486 U.S. —, 100 L. Ed. 2d 384 (1988), to the unanimity requirement for mitigating circumstances in determining whether death is the appropriate punishment in a given case. This issue is now pending before the Supreme Court of the United States. See State v. McKoy, 323 N.C. 1 , 372 S.E.2d 12 (1988), cert. granted, — U.S. —, 103 L. Ed. 2d 180 (1989). While I believe that Mills is applicable to North Carolina, see State v. Lloyd, 321 N.C. 301 , 364 S.E.2d 316 , vacated and remanded on other grounds, — U.S. —, 102 L. Ed. 2d 18 , reinstated, 323 N.C. 622 , 374 S.E.2d 277 (1988) (Exum, C.J., and Frye, J„ dissenting), assuming error arguendo, I would find the error nonprejudicial under the peculiar circumstances of this case.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.