Legal Opinion · Concurring in part, dissenting in part

State v. Bunch

Supreme Court of North Carolina

Decided March 12, 2010No. 203A09Published

1Concurring in part, dissenting in partJustice Edmunds

I agree with the majority that the errors here were not structural. Nevertheless, I believe that the instructions on felony murder were prejudicially erroneous and accordingly, I respectfully dissent.

These errors pervaded the instructions given to the jury. After counsel completed their closing arguments, the trial court began its instructions relating to first-degree murder with a brief introductory description of the offense:

*850Now as to the charge of first degree murder under the law in the evidence in this case, it is your duty to return one of the following verdicts: guilty of first degree…

2Cases cited5 opinions

  1. State v. McWilliamsSupreme Court of North Carolina · 1971
  2. State v. WilliamsSupreme Court of North Carolina · 1971
  3. State v. RamosSupreme Court of North Carolina · 2009
  4. State v. SmithSupreme Court of North Carolina · 2006
  5. State v. MitchellCourt of Appeals of North Carolina · 1980

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