Legal Opinion
State v. Hunt
Court of Appeals of North Carolina
Decided December 28, 1984No. 8316SC1210PublishedCited by 10 opinions
1Opinion of the Court
VAUGHN, Chief Judge.
The initial issue raised on appeal is whether the pre-trial silence of defendant was properly used to impeach his in-court *62testimony. Defendant argues that allowing himself to be cross examined violates defendant’s due process rights under the 14th Amendment to the United States Constitution as well as his right to remain silent under the 5th Amendment and under art. 1, § 23 of the North Carolina Constitution. State v. Lane, 301 N.C. 382, 271 S.E. 2d 273 (1980). We hold that defendant has failed to show a violation under either provision.
In order to establish a violation…
2Cases cited19 opinions
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- Fletcher v. WeirSupreme Court of the United States · 1982
- State v. FosterSupreme Court of North Carolina · 1973
- State v. . RaySupreme Court of North Carolina · 1938
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. GivensAppellate Court of Illinois · 1985
- Sybert v. StateWyoming Supreme Court · 1986
- State v. MerolaNew Jersey Superior Court Appellate Division · 1986
- Wills v. StateCourt of Special Appeals of Maryland · 1990
- State v. AbbittCourt of Appeals of North Carolina · 1985
5 more not listed; retrieve them via the Exa API.