State v. Riddick

STATE of North Carolina v. Herman Leroy RIDDICK, Jr.

Supreme Court of North Carolina.

Decided September 12, 1977.

Cited by 10 later decisions — most recently April 1984

6 state decisions

Key passage — most relied on by later courts

“Inasmuch as defendant did not assign as error on appeal the failure of the trial judge to place the burden of proving the absence of heat of passion or the absence of self-defense on the state, . . . (citation omitted) he has waived his right now to complain about such errors. Hankerson v. North Carolina, 432 U.S. 233 , 244, n. 8, 97 S.Ct. 2339, 2345, 53 L.Ed.2d 306 (1977).”

quoted by 1 later decision, including Cole v. Stevenson

Relies on Hankerson v. North Carolina · Inc v. Provident Securities Company · State v. Riddick

Good law ✅— No negative treatment on recordhow we know

Decided 1977-09-12

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¶1

ORDER DENYING MOTION FOR RECONSIDERATION

¶2Inasmuch as defendant did not assign as error on appeal the failure of the trial judge to place the burden of proving the absence of heat of passion or the absence of self-defense on the state, see State v. Riddick,291 N.C. 399, 230 S.E.2d 506 (1976), he has waived his right now to complain about such errors. Hankerson v. North Carolina,423 U.S. 233, 97 S.Ct. 2339, 53 L.Ed.2d 306, 316, n. 8 (1977). Now, therefore, it is ORDERED by the Court in Conference that defendant's motion for reconsideration be and it is hereby denied.