Opinion

State v. Gardner

  • 316 N.C. 605
  • 342 S.E.2d 872
  • 1986 N.C. LEXIS 2145
Court
Supreme Court of North Carolina
Filed
May 6, 1986
Status
Published
Author
Exum
On the bench
Branch, Exum
Cited by
31 cases
Authority
More cited than 6.8%

announcing standard of review for alleged prejudicial errors not affecting constitutional rights

How later courts described this case

  • announcing standard of review for alleged prejudicial errors not affecting constitutional rights
  • analyzing an error under N.C.G.S. § 84-14, pursuant to N.C.G.S. § 15A-1443(a)

Written by the judges who cited it.

The opinion

Justice EXUM

concurring.

For all the reasons given in the majority opinion taken together, the trial court did not abuse its discretion when it precluded defense counsel from reading the passage from State v. Smith, 65 N.C. App. 684, 686-87 , 309 S.E. 2d 695, 696-97 (1983), rev’d, 311 N.C. 287 , 316 S.E. 2d 73 (1985). I would not hold (and it is not clear to me that the majority does hold) that any one of the reasons given, standing alone, would have been enough to sustain the action of the trial court. On this basis I concur in the result reached by the majority.

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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