State v. McLaughlin

Supreme Court of North Carolina

Decided September 7, 1988

Supreme Court of North Carolina · decided 1988-09-07

Relies on Mills v. Maryland · State v. McKoy

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-07

How this case has been cited

Cited by 67 later decisions — most recently February 2007 · most notably State v. Hennis (1988), State v. Lee (1994)

67 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Justice FRYE

¶1dissenting as to sentence.

¶2For the reasons expressed in the Chief Justice’s dissenting opinion in State v. McKoy, 323 N.C. 1, 372 S.E. 2d 12 (1988), which I joined, I believe the United States Supreme Court’s decision in Mills v. Maryland, 486 U.S. ---, 100 L.Ed. 2d 384 (1988), requires that defendant be given a new sentencing hearing. Accordingly, I dissent from that portion of the Court’s opinion which rejects defendant’s argument based upon the holding of Mills. I concur in the remainder of the Court’s opinion.

Chief Justice EXUM joins in this dissenting opinion.