Legal Opinion · Dissent

State v. Sargeant

Court of Appeals of North Carolina

Decided August 3, 2010No. COA09-262Published

1DissentErvin, Judge

Although I fully agree with the Court that trial judges would be well-advised to avoid accepting separate verdicts concerning the various theories of first degree murder that are submitted for the jury’s consideration at separate times and that the trial court’s findings and conclusions concerning the admissibility of Mr. Dalrymple’s statement contain a number of errors, I cannot agree with the Court’s conclusion that the manner in which the trial court took the jury’s verdict violated Defendant’s constitutional right to trial by jury guaranteed by Article I, section 24. Moreover, even if the…

2Cases cited46 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Idaho v. WrightSupreme Court of the United States · 1990
  3. Jenkins v. United StatesSupreme Court of the United States · 1965
  4. State v. SmithSupreme Court of North Carolina · 1985
  5. State v. AsheSupreme Court of North Carolina · 1985

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