Friday, November 15, 2013

State v. Moose case brief

State v. Moose case brief summary
313 S.E.2d 507 (1984)


CASE SYNOPSIS
Defendant appealed the judgment of the Superior Court, Burke County (North Carolina), which convicted defendant of first-degree murder and sentenced him to death.

CASE FACTS
Defendant was convicted of first-degree murder and sentenced to death.

DISCUSSION
  • The court affirmed the finding of guilt, finding that 
  • (1) the trial court did not abuse its discretion in allowing the participation of a private prosecutor, 
  • (2) the trial court did not err in refusing to admit evidence of a collateral matter, the credibility of a witness, and 
  • (3) the prosecution did not commit misconduct in its closing argument by emphasizing a racial motive. 
  • However, the court reversed the penalty phase, finding that
  • (1) the evidence was insufficient to support a finding of the aggravating factor under N.C. Gen. Stat. § 15A-2000(e)(9), where the evidence was insufficient to support the state's theory that the victim suffered excessive psychological torture as he was being "stalked for the kill,"
  • (2) there was sufficient evidence of the aggravating factor that defendant knowingly created a risk to more than one person, N.C. Gen. Stat. § 15A-2000(e)(10), and 
  • (3) the trial court did not err in denying submission of N.C. Gen. Stat. § 15A-2000(f)(2), a mitigating factor, where the defendant did not establish that he was under the influence of an emotional of mental disturbance.

CONCLUSION
The judgment was reversed in part. Specifically, the court found no error in the guilt phase, but reversed the penalty phase and remanded for resentencing.

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