Legal Opinion · Dissent

State v. Messick

Court of Appeals of North Carolina

Decided August 5, 2003No. COA02-938Published

1DissentWynn, Judge

Following his conviction on the charge of the first-degree murder of Reginald Carr, defendant, Ivory Lamont Messick, presents the following pertinent issues on appeal:

(I) Whether the trial court erred in overruling defendant’s objection to an instruction on proximate cause that unconstitutionally reduced the state’s burden of proof by allowing the jury to convict without finding defendant himself caused the victim’s death?

(II) Whether the trial court erred in excluding Reginald Carr’s threats against defendant, even though communicated to another person, as this proffered evidence was…

2Cases cited19 opinions

  1. State v. MintonSupreme Court of North Carolina · 1952
  2. State v. LynchSupreme Court of North Carolina · 1993
  3. State v. BellSupreme Court of North Carolina · 1984
  4. State v. BellSupreme Court of North Carolina · 1994
  5. State v. ArdreySupreme Court of North Carolina · 1950

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