Certiorari Denied

1 Analyses of this case by attorneys

  1. Capital Defense Weekly, July 21, 2003

    Capital Defense NewsletterJuly 21, 2003

    490, 147 L. Ed. 2d at 455.In Ring, the United States Supreme Court held that Arizona's capital sentencing scheme violated the Sixth Amendment right to trial by jury. Ring, 536 U.S. at 609, 153 L. Ed. 2d at 576-77. The Court concluded that "because Arizona's enumerated aggravating factors operate as 'the functional equivalent of an element of a greater offense,' the Sixth Amendment requires that they be found by a jury" and be proven beyond a reasonable doubt. Id. at 609, 153 L. Ed. 2d at 577 (quoting Apprendi, 530 U.S. at 494 n.19, 147 L. Ed. 2d at 435 n.19).Significantly, the United States Supreme Court in Ring observed that North Carolina was one [*21] of the twenty-nine states that "commits sentencing decisions to juries" in death penalty cases. Ring, 536 U.S. at 608 n.6, 153 L. Ed. 2d at 576 n.6. This Court has previously held that North Carolina's capital sentencing scheme comports with both Jones and Apprendi. State v. Braxton, 352 N.C. 158, 531 S.E.2d 428 (2000), cert. denied, 531 U.S. 1130, 148 L. Ed. 2d 797, 121 S. Ct. 890 (2001); State v. Lawrence, 352 N.C. 1, 530 S.E.2d 807 (2000), cert. denied, 531 U.S. 1083, 148 L. Ed. 2d 684, 121 S. Ct. 789 (2001); State v. Wallace, 351 N.C. 481, 528 S.E.2d 326, cert. denied, 531 U.S. 1018, 148 L. Ed. 2d 498, 121 S. Ct. 581 (2000). We now hold that North Carolina's capital sentencing scheme complies with Ring in that aggravating circumstances must be submitted to and found by the jury beyond a reasonable doubt. See N.C.G.S. § 15A-2000(c)(1).In North Carolina criminal prosecutions, the use of indictments is a well-established practice. Our state Constitution has consistently provided that no person shall be put to answer any [*22] criminal charge but by indictment, presentment, or impeachment. But any person, when represented by counsel, may, under such regulations as the General Assembly shall prescribe, waive indictment in noncapital cases.***The enactment of legislation authorizing the short-form murder indictment in 1887 was an attempt by the General Assembly to reform