Legal Opinion

State v. Mancuso

Supreme Court of North Carolina

Decided February 3, 1988No. 591A86PublishedCited by 24 opinions

1Opinion of the Court

WEBB, Justice.

In his first assignment of error, the defendant contends the trial court erred during the sentencing phase of the trial in finding as an aggravating factor that the offense was especially heinous, atrocious or cruel. The defendant argues that the evidence does not support a finding of this factor.

In determining this question, “the focus should be on whether the facts of the case disclose excessive brutality, or physical pain, psychological suffering, or dehumanizing aspects not normally present in that offense.” State v. Blackwelder, 309 N.C. 410, 414, 306 S.E. 2d 783, 786…

2Cases cited9 opinions

  1. State v. BullardSupreme Court of North Carolina · 1984
  2. State v. BlackwelderSupreme Court of North Carolina · 1983
  3. State v. CooperSupreme Court of North Carolina · 1975
  4. State v. WilliamsSupreme Court of North Carolina · 1973
  5. State v. EvangelistaSupreme Court of North Carolina · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. BonneySupreme Court of North Carolina · 1991
  2. State v. HuffSupreme Court of North Carolina · 1989
  3. Commonwealth v. McCoySupreme Court of Pennsylvania · 2009
  4. People v. ManzoCalifornia Supreme Court · 2012
  5. State v. IngleSupreme Court of North Carolina · 1994

19 more not listed; retrieve them via the Exa API.

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