From Casetext: Smarter Legal Research

State v. Brown

Supreme Court of North Carolina
Feb 1, 1995
339 N.C. 606 (N.C. 1995)

Summary

holding that the fairer approach is to dismiss the entire panel and begin jury selection anew because "[t]o ask jurors who have been improperly excluded from a jury because of their race to then return to the jury to remain unaffected by that recent discrimination, and to render an impartial verdict without prejudice toward either the State or the defendant, would be to ask them to discharge a duty which would require near superhuman effort and which would be extremely difficult for a person possessed of any sensitivity whatsoever to carry out successfully"

Summary of this case from Jones v. State

Opinion

No. 528A93 — Bladen

Filed 10 February 1995

Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 112 N.C. App. 390, 436 S.E.2d 163 (1993), finding no error in defendant's trial resulting in a verdict of guilty of first-degree rape and a judgment of life imprisonment entered by Johnson (E. Lynn), J., on 10 June 1992 in Superior Court, Bladen County. Heard in the Supreme Court 14 September 1994.

Michael F. Easley, Attorney General, by William N. Farrell, Jr., Senior Deputy Attorney General, for the State.

Thomas K. Maher for defendant-appellant.

Tharrington, Smith Hargrove, by Roger W. Smith, for North Carolina Academy of Trial Lawyers, amicus curiae.


AFFIRMED.

Justices LAKE and ORR did not participate in the consideration or decision of this case.


Summaries of

State v. Brown

Supreme Court of North Carolina
Feb 1, 1995
339 N.C. 606 (N.C. 1995)

holding that the fairer approach is to dismiss the entire panel and begin jury selection anew because "[t]o ask jurors who have been improperly excluded from a jury because of their race to then return to the jury to remain unaffected by that recent discrimination, and to render an impartial verdict without prejudice toward either the State or the defendant, would be to ask them to discharge a duty which would require near superhuman effort and which would be extremely difficult for a person possessed of any sensitivity whatsoever to carry out successfully"

Summary of this case from Jones v. State
Case details for

State v. Brown

Case Details

Full title:STATE OF NORTH CAROLINA v. LEON BROWN

Court:Supreme Court of North Carolina

Date published: Feb 1, 1995

Citations

339 N.C. 606 (N.C. 1995)
453 S.E.2d 165

Citing Cases

Tarlton v. Sealey

Brown's conviction and sentence were affirmed on appeal both in the North Carolina Court of Appeals and the…

State v. McDuffie

State v. Brown, 112 N.C.App. 390, 397 (1993), aff'd, 339 N.C. 606 (1995) (Mem) (cleaned up). Further, "[a]…