Legal Opinion

State v. Flemming

Court of Appeals of North Carolina

Decided July 5, 2005No. COA04-1043PublishedCited by 2 opinions

1Opinion of the Court

WYNN, Judge.

In State v. Parker, 29 N.C. App. 413, 414, 224 S.E.2d 280, 281 (1976), this Court held that a trial court’s jury instruction to return a majority verdict violated our Constitution’s unanimous verdict requirement for criminal trials. N.C. Const, art. I, § 24. In this case, Defendant argues that the trial court’s use of the term “consensus” likewise violated the verdict unanimity requirement. Because the trial judge twice repeated that the jury must unanimously agree on a verdict, we find no error. We also find no error in Defendant’s remaining arguments.

A jury found Defendant…

2Cases cited15 opinions

  1. Ewing v. CaliforniaSupreme Court of the United States · 2003
  2. State v. BagleySupreme Court of North Carolina · 1987
  3. State v. CummingsSupreme Court of North Carolina · 2000
  4. State v. ParkerSupreme Court of North Carolina · 1999
  5. State v. GreeneSupreme Court of North Carolina · 2000

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

3Cited by2 opinions

  1. Lineberger v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 2008
  2. Lineberger v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 2008

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

Powered by the Exa API