Legal Opinion

State v. Johnson

Supreme Court of North Carolina

Decided November 6, 1979No. 101PublishedCited by 297 opinions

1Opinion of the Court

BRANCH, Chief Justice.

Defendant first contends that the trial judge erred in construing G.S. 15A-2000 and G.S. 15A-2001 as not allowing a defendant to enter a plea of guilty on condition that his sentence be life imprisonment. We are of the opinion that the pertinent provisions of the statutes involved support the trial judge’s ruling which, in effect, recognized that he had no authority to waive the requirement that a jury be impaneled to recommend punishment when a defendant enters a plea of guilty. G.S. 15A-2000(a)(2) provides in pertinent part that: “If the defendant pleads guilty, the…

2Cases cited37 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  3. Mullaney v. WilburSupreme Court of the United States · 1975
  4. State v. CherrySupreme Court of North Carolina · 1979
  5. State v. CovingtonSupreme Court of North Carolina · 1976

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

3Cited by297 opinions

  1. State v. RamseurSupreme Court of New Jersey · 1987
  2. State v. HennisSupreme Court of North Carolina · 1988
  3. State v. BensonSupreme Court of North Carolina · 1988
  4. State v. JacksonSupreme Court of North Carolina · 1983
  5. State v. YoungSupreme Court of North Carolina · 1985

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API