Legal Opinion

State v. Avery

Supreme Court of North Carolina

Decided March 12, 1975No. 33PublishedCited by 25 opinions

1Opinion of the Court

MOOEE, Justice.

Defendant first contends that he was deprived of his constitutional right to trial by an impartial jury when the trial judge allowed juror Tilgiham to be dismissed upon challenge for cause by the State. Defendant asserts that Mrs. Tilgiham’s objections to the death penalty were general and that she therefore should not have been dismissed for cause, citing Witherspoon v. Illinois, 391 U.S. 510, 20 L.Ed. 2d 776, 88 S.Ct. 1770 (1968).

*463During voir dire, the following transpired between the solicitor and Mrs. Tilgiham:

“Q. And let me ask you this question. If you were satisfied from…

2Cases cited32 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  3. Harrington v. CaliforniaSupreme Court of the United States · 1969
  4. Fahy v. ConnecticutSupreme Court of the United States · 1963
  5. State v. AtkinsonSupreme Court of North Carolina · 1969

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

3Cited by25 opinions

  1. State v. BarfieldSupreme Court of North Carolina · 1979
  2. State v. KemmerlinSupreme Court of North Carolina · 2002
  3. State v. ThompsonSupreme Court of North Carolina · 1975
  4. State v. MonkSupreme Court of North Carolina · 1976
  5. State v. AlfordSupreme Court of North Carolina · 1976

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

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