Opinion · Supreme Court of the United States
McDougall v. North Carolina
78 L. Ed. 2d 173
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1983-10-03
- Topic
- general
recognizing that "the exercise of discretion ... will be judged by the amount of time the jury deliberates in light of the nature of the case and the evidence" | affirming trial court's capacity determination made in off-the-record conference with parties without conducting contradictory hearing | affirming trial court’s capacity determination made in off-the-record conference with parties without conducting contradictory hearing | regarding "presumption of regularity”, i.e., state courts presumably follow their own law and procedures | defendant kidnapped and attacked victim and her roommate, ultimately stabbing victim twenty-two times with a butcher knife | process of weighing circumstances is a matter for judge and jury and is not susceptible to proof by either party | fact that defendant's attorney did not object suggests no prejudice and thus no plain error | state was entitled to recall officer who took defendant’s confession to rebut allegations of improper acts | accountant murdered during armed robbery of store; defendant had prior convictions for armed robbery, two of which occurred within three weeks of the capital murder | “While the existence of an aggravating or mitigating circumstance is a fact susceptible to proof under a reasonable doubt or preponderance standard the relative weight is not” | "While the existence of an aggravating or mitigating circumstance is a fact susceptible to proof under a reasonable doubt or preponderance standard the relative weight is not" | where only the answer is objectionable, an objection should be treated as a motion to strike | trial court admitted results of initial screening test of blood showing positive reaction for cocaine | no cruelty because “it appears from the record that ... the victim lost consciousness” | no cruelty because "it appears from the record that ... the victim lost consciousness" | weight of factors is matter for sentencer and is not susceptible to proof by either party | "a defendant is not entitled to a particular instruction, but he does have the unqualified right to a correct statement of the substance of the law” | "The proper exercise of [the trial judge's discretionary] authority will prevent the determination of [the prior violent felony] aggravating circumstance from becoming a `mini-trial' of the previous charge" | “The proper exercise of [the trial judge’s discretionary] authority will prevent the determination of [the prior violent felony] aggravating circumstance from becoming a ‘mini-trial’ of the previous charge” | capital murder/robbery; victim shot once in the abdomen; death penalty based on future dangerousness | prior conviction of a violent felony; heinous, atrocious, or cruel; course of conduct | prior conviction of a violent felony; heinous, atrocious, or cruel; course of conduct | capital murder/robbery; victim shot once in abdomen; death penalty based on future dangerousness | capital murder/robbery; victim shot once in abdomen; death penalty based on future dangerousness | capital murder/robbery; victim shot once in abdomen; death penalty based on future dangerousness | defendant had previously been convicted of rape, and during the murder for which he received the death sentence, he assaulted another with a deadly weapon with intent to kill inflicting serious injuries | defendant can be convicted of both intentional killing and reckless killing in course of committing felony under subsections 636(a)(1) and 636(a)(2) respectively; section 636(2) is not lesser included offense of section 636(a)(1) | defendant repeatedly stabbed a 74-year-old woman during an armed robbery in her home | jury override sentence was proper "under the totality of the circumstances" | defendant shot and killed two people and wounded two others | defendant shot and killed two people and wounded two others | defendant shot and killed two people and wounded two others | kidnapping conviction used to impeach in kidnapping trial | killing during commission of
Citator
- Cited by
- 292 opinions
Sup. Ct. N. C.;
Sup. Ct. Ark.;
Sup. Ct. Fla.;
Sup. Ct. Ark.;
Sup. Ct. Del.;
Sup. Ct. Ga.;
Sup. Ct. Fla.;
Sup. Ct. Ariz.;
Sup. Ct. Ill.;
Sup. Ct. Ill.;
C. A. 5th Cir.;
Sup. Ct. Ala.;
Ct. Crim. App. Tex.;
C. A. 11th Cir.;
Sup. Ct. Miss.;
Sup. Ct. Fla.;
Sup. Ct. La.;
Sup. Ct. Va.;
Sup. Ct. N. C.;
Sup. Ct. Ga.;
Sup. Ct. Fla.;
Ct. Crim. App. Okla.; and Sup. Ct. Ariz. Certiorari denied. Reported below: No. 82-2105, 308 N. C. 1, 301 S. E. 2d 308; No. 82-6697, 278 Ark. 305, 645 S. W. 2d 680; No. 82-6733, 428 So. 2d 649; No. 82-6741, 278 Ark. 211, 645 S. W. 2d 662; No. 82-6771, 490 A. 2d 104; No. 82-6852, 250 Ga. 630, 300 S. E. 2d 640; No. 82-6865, 426 So. 2d 533; No. 82-6870, 135 Ariz. 404, 661 P. 2d 1105; No. 82-6876, 94 Ill. 2d 437, 447 N. E. 2d 247; No. 82-6881, 94 Ill. 2d 378, 447 N. E. 2d 218; No. 82-6915, 696 F. 2d 1154 and 705 F. 2d 121; No. 82-6916, 431 So. 2d 563; No. 82-6922, 658 S. W. 2d 162; No. 82-6923, 696 F. 2d 804; No. 82-6933, 431 So. 2d 1101; No. 82-6937, 429 So. 2d 293; No. 82-6982, 426 So. 2d 118; No. 82-6990, 225 Va. 289, 302 S. E. 2d 520; No. 83-5051,