Legal Opinion

State v. Witherspoon

Court of Appeals of North Carolina

Decided August 18, 2009No. COA08-1003PublishedCited by 2 opinions

1Opinion of the Court

GEER, Judge.

Defendant Misty Keller Witherspoon appeals her first-degree murder conviction for the shooting death of her husband Quinn Witherspoon. Defendant’s sole argument on appeal is that the trial court should have excluded testimony using a mannequin’s head and a newly-purchased couch to refute defendant’s version of the events. Defendant contends that the evidence constituted an experiment conducted under conditions not substantially similar to those at the time of the actual shooting. We conclude, however, that the use of the evidence was a demonstration not requiring substantially…

2Cases cited11 opinions

  1. State v. GolphinSupreme Court of North Carolina · 2000
  2. State v. BarnesSupreme Court of North Carolina · 1997
  3. McLaughlin v. North CarolinSupreme Court of the United States · 1990
  4. State v. AllenSupreme Court of North Carolina · 1988
  5. State v. LocklearSupreme Court of North Carolina · 1998

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

3Cited by2 opinions

  1. N.C. Dep't of Transp. v. Mission Battleground ParkCourt of Appeals of North Carolina · 2016
  2. State v. WitherspoonSupreme Court of North Carolina · 2010

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