State v. Young

214 S.E.2d 763, 287 N.C. 377, 1975 N.C. LEXIS 1125
CourtSupreme Court of North Carolina
DecidedJune 6, 1975
Docket46
StatusPublished
Cited by51 cases

This text of 214 S.E.2d 763 (State v. Young) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Young, 214 S.E.2d 763, 287 N.C. 377, 1975 N.C. LEXIS 1125 (N.C. 1975).

Opinions

HUSKINS, Justice.

Before pleading, defendant moved to quash the bills of indictment on grounds that the death penalty as applied in this State violates the Fifth, Eighth and Fourteenth Amendments to the Constitution of the United States. After verdict he moved to arrest judgment on similar grounds. Denial of both motions constitutes defendant’s first assignment of error.

Under this assignment defendant argues (1) that he was denied due process because the death penalty was applied to him in an arbitrary, capricious, subjective and selective manner due to freakish exercise of prosecutorial discretion and (2) that the death penalty as applied in North Carolina is unconstitutional per se. These contentions have heretofore been considered by this Court and rejected in numerous cases. See, e.g., State v. Vick, 287 N.C. 37, 213 S.E. 2d 335 (1975) ; State v. Armstrong, 287 N.C. 60, 212 S.E. 2d 894 (1975) ; State v. Lowery, 286 N.C. 698, 213 S.E. 2d 255 (1975) ; State v. Simmons, 286 N.C. 681, 213 S.E. 2d 280 (1975) ; State v. Stegmann, 286 N.C. 638, 213 S.E. 2d 262 (1975) ; State v. Woods, 286 N.C. 612, 213 S.E. 2d 214 (1975) ; State v. McLaughlin, 286 N.C. 597, 213 S.E. 2d 238 (1975); State v. Avery, 286 N.C. 459, 212 S.E. [384]*3842d 142 (1975) ; State v. Williams, 286 N.C. 422, 212 S.E. 2d 113 (1975) ; State v. Jarrette, 284 N.C. 625, 202 S.E. 2d 721 (1974); State v. Waddell, 282 N.C. 431, 194 S.E. 2d 19 (1973). Assignment one is overruled.

Prior to the commencement of jury selection defendant moved to sequester all prospective jurors so he could examine the veniremen one at a time in the absence of all other prospective and selected jurors. The trial judge denied the motion and then directed that the jury be selected in the following manner:

“ . . . The entire number of jurors who are available will be brought into this courtroom tomorrow morning at 9:30 and the Clerk will read over the names of the entire jury panel at that time in the presence and hearing of the defendant and his counsel.
Immediately the first twelve persons whose names are called will be directed at that time to take seats in the jury box. In other words, we will call the entire panel of jurors one at a time by name with the first twelve being seated in the jury box to my left. As soon as we do that, I will direct that the State will call in the presence and hearing of all the prospective jurors a list of the names of witnesses that the State proposes to call or list of names of witnesses that the State will call. As soon as we complete that process, then I will remove from the courtroom all of the prospective jurors except the twelve who are sitting in the jury box to my left.
The other prospective jurors will be taken to the District Court customarily used, but vacant this week, and will be sequestered in that courtroom under supervision of the Sheriff’s office during the process of the jury selection.
With regard to the twelve in the jury box, the State shall then conduct their Voir Dire examination of those twelve and shall make any and all challenges for cause against any of the twelve and it shall then make its peremptory challenge. If the Court shall allow a challenge for cause or if the State shall excuse a juror peremptorily, the Clerk shall call a replacement in the box before the Solicitor completes his examination or challenge of any other of the twelve.
[385]*385When the State is satisfied with the twelve in the box, the Clerk shall then tender the twelve in the box to the defendant. The defendant shall then conduct his Voir Dire examination of those twelve. The defendant shall then make any challenges for cause against any of the twelve and shall then make any peremptory challenges against any of the twelve. If by reason of cause or peremptorily, a juror shall leave the box during the course of the defense counsel’s examination of the jurors, the Clerk shall not immediately call a replacement to the box but shall wait until the defendant shall state to the Court that he is satisfied with the remainder of the twelve which remain.
After they have been tendered him by the State, if there have been no members of the twelve removed, the Clerk shall proceed to empanel the jury. If anyone for cause or peremptorily have been removed by the defendant, then after the remaining ones have been stated by the defendant to be satisfactory with him, he shall have replacements •called for the vacant seats by the Clerk from the panel at large. Then the State must by virtue of G.S. 9-21 (b) be allowed to first examine any and all replacement jurors in the box and make challenges both for cause and peremptorily before the defendant shall be allowed to question any replacement. At all times the State is the party to be first satisfied with any given juror before he shall be ever tendered to the defendant. Those jurors who shall have been tendered to a defendant by the State and not challenged for cause or peremptorily by the defendant, may not thereafter be challenged by the defendant. The defendant may not stand any at the foot of the list or make any reservation of any challenge to await and see who the replacement shall be. Once the defendant has passed, he has passed for all purposes.”

In accordance with this procedure, the clerk called twelve prospective jurors who took their seats in the jury box and the State proceeded with its voir dire examination. In questioning the jurors the district attorney asked the entire panel whether any of them had read anything in the paper about the case “back in the summer of 1973.” Ten of the jurors indicated in the affirmative. “At this point,” defendant again moved to sequester the prospective jurors and for the right to examine them regarding what they had read or heard about the case. [386]*386The court overruled the motion and instructed the jurors that he would permit examination as to' whether any of them, or any of the other prospective jurors, had formed or expressed an opinion about the case. The record then recites:

“ . . . The Court further instructed the prospective jurors not, under any circumstances, give up . [sic] the benefit of your opinion concerning what you have read or heard if you have one. In other words, don’t tell us anything about what your opinion might or might not be.-The sole purpose of this is simply to ascertain whether you have any opinion or not. We don’t want to know what that opinion is and do not express in any way any opinion about this matter if you have an opinion. Simply indicate that you have formed such an opinion and stop at that point.”

The record recites at this point that defendant thereafter exercised all of his peremptory challenges before the panel- of twelve jurors was selected, but it is completely silent in regard to the actual examination of the jurors, the number and identity of those excused for cause, and the identity of those excused peremptorily.

Defendant objected and excepted to the foregoing proceedings in apt time and bases his second assignment of error thereon. He argues the trial court erred in denying his motion to sequester prospective jurors and his motion to examine the jurors concerning what they had read and heard about this case.

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Cite This Page — Counsel Stack

Bluebook (online)
214 S.E.2d 763, 287 N.C. 377, 1975 N.C. LEXIS 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-nc-1975.