State v. Sparks
Cases that cite this one
5 later published cases cite this decision.
- James Lewis Cole v. L. v. Stevenson, Superintendent and Attorney General of the State of North Carolina, Rufus L. Edmisten (4th Cir. 1980)
- State v. Sparks (N.C. 1979)
- State v. Sparks (N.C. 1978)
- State v. Abernathy (N.C. Ct. App. 1978)
- State v. Watson (N.C. Ct. App. 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
ORDER FOR NEW TRIAL UPON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
HAVING reconsidered this case on remand from the Supreme Court of the United States in the light of Mullaney v. Wilbur, 421 U.S. 684, 44 L.Ed. 2d 508 (1975), and Hankerson v. North Carolina, --- U.S. ---,53 L.Ed. 2d 306 (1977), the defendant having properly raised on appeal to this Court the question of the constitutionality of the trial judge’s instructions placing the burden on the defendant to show that the killing was done in the heat of a sudden passion and that it was done in self-defense, see State v. Sparks, 285 N.C. 631 (1974), and being of the opinion that in light of Mullaney and Hanker-son, these assignments of error should have been sustained and defendant awarded a new trial, now, therefore, it is
ORDERED by the Court in Conference that defendant be and he is hereby awarded a new trial.
This the 12th day of September, 1977.
For the Court
Case-law data current through September 30, 2026. Source: CourtListener bulk data.