North Carolina v. Cummings10/6/1988
onetheless conclude that defendant was not prejudiced by the trial judge's failure to take corrective action. In light of the aggravating circumstance found, the complete absence of mitigation, and the overwhelming evidence against defendant, any error in this respect was harmless beyond a reasonable doubt. N.C.G.S. § 15A-1443(b) (1983).
Finally, defendant contends that the trial judge committed plain error in instructing the jury that its decisions as to mitigating circumstances must be unanimous. Defendant, relying on the recent decision of the United States Supreme Court in Mills v. Maryland, 486 U.S. , 100 L. Ed. 2d 384 (1988), urges that the instructions on unanimity entitle him to a new sentencing hearing. For the reasons expressed in State v. McKoy, 323 N.C. 1, 372 S.E.2d 12 (1988), we reject defendant's argument.
Proportionality
Having determined that the guilt and sentencing phases of defendant's trial were free of prejudicial error, we now turn to our statutory duties pursuant to the mandate of N.C.G.S. § 15A-2000(d)(2). The statute sets forth a tripartite test as a check against the random or capricious imposition of the death penalty. State v. Jackson, 309 N.C. 26, 305 S.E.2d 703 (1983); State v. Hutchins, 303 N.C. 321, 279 S.E.2d 788 (1981). We must determine
(1) whether the record supports the jury's finding of the aggravating circumstance or circumstances upon which it based the death sentence; (2) whether the sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (3) whether the sentence is excessive or disproportionate to the penalty imposed in similar cases. State v. Williams, 308 N.C. 47, 301 S.E.2d 335, cert. denied, 464 U.S. 865, 78 L. Ed. 2d 177, reh'g denied, 464 U.S. 1004, 78 L. Ed. 2d 704 (1983).
We consider the responsibility placed upon us by subdivision (d)(2) to be as serious as any responsibility placed upon an appellate court. State v. Jackson, 309 N.C. 26, 305 S.E.2d 703; State v. Rook, 304 N.C. 201, 283 S.E.2d 732 (1981), cert. denied, 455 U.S. 1038, 72 L. Ed. 2d 155 (1982). Thus, we accord the review of capital cases our utmost care and diligence. State v. Pinch, 306 N.C. 1, 292 S.E.2d 203; State v. Smith, 305 N.C. 691, 292 S.E.2d 264, cert. denied, 459 U.S. 1056, 74 L. Ed. 2d 622 (1982), reh'g denied, 459 U.S. 1189, 74 L. Ed. 2d 1031 (1983). We have carefully reviewed the record on appeal, transcript, and exhibits in this case along with the briefs and oral arguments presented. After full and cautious deliberation, we conclude that the record fully supports the jury's finding of the aggravating circumstance submitted. Furthermore, we find no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary or impermissible factor.
Finally, we undertake the solemn task of proportionality review, whereby we compare both the defendant and the crime to similar cases in the proportionality pool. The pool includes all cases arising since 1 June 1977 which have been tried as capital cases and reviewed on direct appeal by this Court and in which the jury recommended death or life imprisonment or in which t
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 North Carolina DUI Attorneys
DUI Lawyers
|