Legal Opinion

State v. Atkinson

Supreme Court of North Carolina

Decided March 10, 1971No. 2PublishedCited by 43 opinions

1Opinion of the Court

HUSKINS, Justice.

Appellant first contends that the trial court erred in allowing the State to successfully challenge for cause certain prospective jurors because of their stated views on capital punishment.

The law with regard to this issue is well established. “[A] sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction.” Witherspoon v. Illinois, 391 U.S. 510, 20 L. Ed. 2d 776, 88 S.…

2Cases cited41 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  3. Robinson v. CaliforniaSupreme Court of the United States · 1962
  4. Boulden v. HolmanSupreme Court of the United States · 1969
  5. State v. McClainSupreme Court of North Carolina · 1954

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

3Cited by43 opinions

  1. State v. CrowderSupreme Court of North Carolina · 1974
  2. Atkinson v. North CarolinaSupreme Court of the United States · 1971
  3. State v. DossSupreme Court of North Carolina · 1971
  4. State v. McKennaSupreme Court of North Carolina · 1976
  5. State v. ChanceSupreme Court of North Carolina · 1971

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

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