# State v. Glenn

> Supreme Court of North Carolina · February 12, 1993 · 333 N.C. 296

URL: https://www.frixlaw.com/law-library/cases/9849895

## Case

- **Full name:** State of North Carolina v. Johnny Bradley Glenn
- **Court:** Supreme Court of North Carolina
- **Decided:** February 12, 1993
- **Citations:** 333 N.C. 296; 425 S.E.2d 688; 1993 N.C. LEXIS 50
- **Precedential status:** Published
- **Opinion:** Concurrence by Webb
- **Judges:** Meyer, Webb
- **Cited by:** 10 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/9849895

## How later opinions describe it (automated extraction)

- holding that certain assignments of error were deemed waived for failure to comply with Rule 28(d), but not dismissing the appeal
- holding that equivocation toward the death penalty is a valid basis for using a peremptory challenge

## Opinion text

Justice WEBB
concurring in the result.
I concur in the result reached by the majority although I believe the testimony by Otis Lewis as to what Subrina Osborne told him before she died was inadmissible hearsay testimony. It is true, as the majority says, that N.C.G.S. § 8C-1, Rule 803(3) allows, as an exception to the hearsay rule, testimony as to what an extrajudicial declarant says in order to prove the declarant’s state of mind. The state of mind of the declarant must be relevant to some issue in the case, however, to be admissible. State v. Meekins, 326 N.C. 689 , 392 S.E.2d 346 (1990). I do not believe Subrina Osborne’s state of mind was relevant to the matters that had to be proved to convict the defendant.
The evidence against the defendant was so strong that I do not believe what I perceive to be error in the admission of testimony demonstrates there is a reasonable possibility that had the error not been made there would have been a different result. I would hold that this was harmless error. N.C.G.S. § 15A-1443 (1988).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9849895. Public record. Not legal advice.