Legal Opinion

State v. Davis

Supreme Court of North Carolina

Decided December 7, 1989No. 745A85PublishedCited by 86 opinions

1Opinion of the Court

WHICHARD, Justice.

Defendant was convicted of murder in the first degree and common-law robbery. The jury recommended the death sentence for the murder, and the trial court sentenced accordingly. It imposed a sentence of ten years imprisonment for the robbery. Because we find prejudicial error in the sentencing phase on the murder charge, we remand for a new capital sentencing hearing. We find no error on the robbery charge.

The State’s evidence tended to show that the victim, Vivian Whitaker, was murdered in her apartment on 1 March 1984. She was last seen alive as she entered her apartment at…

2Cases cited31 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  3. Wainwright v. WittSupreme Court of the United States · 1985
  4. Griffith v. KentuckySupreme Court of the United States · 1987
  5. Caldwell v. MississippiSupreme Court of the United States · 1985

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

3Cited by86 opinions

  1. State v. GreenSupreme Court of North Carolina · 1994
  2. State v. SyrianiSupreme Court of North Carolina · 1993
  3. State v. GarciaSupreme Court of North Carolina · 2004
  4. State v. RoacheSupreme Court of North Carolina · 2004
  5. State v. GibbsSupreme Court of North Carolina · 1993

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

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