# State v. Hamad

> Court of Appeals of North Carolina · December 20, 1988 · 92 N.C. App. 282

URL: https://www.frixlaw.com/law-library/cases/9620796

## Case

- **Full name:** State of North Carolina v. Hatem Hamad and Donald Clay Wells
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 20, 1988
- **Citations:** 92 N.C. App. 282; 374 S.E.2d 410; 1988 N.C. App. LEXIS 1053
- **Precedential status:** Published
- **Opinion:** Dissent by Hedrick
- **Judges:** Johnson, Parker, Hedrick
- **Cited by:** 4 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/9620796

## Opinion text

Chief Judge HEDRICK
dissenting.
I disagree with the majority in awarding defendant Hamad a new trial based on the suggestion that the trial judge erred in not allowing Hamad’s counsel to further cross-examine the co-defendant Wells. Hamad did not offer or request to cross-examine Wells for the record in the absence of the jury. Assuming arguen-do, the trial judge erred in not allowing Hamad’s counsel to cross-examine the witness, we cannot determine whether such error was prejudicial because nothing appears in the record from which we could determine whether such error was prejudicial. Furthermore, I am persuaded that any error in not allowing Hamad’s counsel to cross-examine the co-defendant after the State had done so is harmless beyond a reasonable doubt. I vote to find no error as to defendant Hamad.
With respect to defendant Wells, I dissent from the part of the majority opinion awarding Wells a new sentencing hearing. In my opinion, the trial judge merely exercised his discretion in not finding the mitigating factor of “substantial assistance” as set forth in G.S. 90-95(h)(5).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9620796. Public record. Not legal advice.