325 N.C. 1 - State v. Huff

How this case has been cited

Cited by 170 later decisions — most recently June 2018 · most notably State v. McCollum (1993), State v. Green (1994)

170 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.

Justice WEBB

¶1concurring.

¶2I concur in the result reached but I disagree with the majority reasoning that it was error for the court to allow the defendant to be removed from the courtroom during one stage of the trial. The majority has held this was harmless error. I would hold that it was not error.

¶3I believe it should be obvious that a defendant in a capital case or any other case cannot be allowed to stop a trial by the disruptive tactics the defendant used in this case. I believe it would be better to place the decision on this actual reason than rationalizing it on some other ground.

¶4I believe we should hold there is an exception to the rule that a defendant in a capital case cannot waive his right to be present at all stages of the proceedings. This exception should be that if a defendant becomes so disruptive that the trial cannot continue the defendant may be removed from the courtroom. Applying this exception to the case, there would be no error.