STATE v. PHILLIPS

No. 139PA88.

381 S.E.2d 325 (1989)

325 N.C. 222

STATE of North Carolina v. Travis Osborne PHILLIPS.

Supreme Court of North Carolina.

July 26, 1989.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Debra C. Graves, Associate Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Asst. Appellate Defender, Raleigh, for defendant-appellee.


WEBB, Justice.

The Court of Appeals did not hold that a victim impact statement may not be used at a sentencing hearing. Relying on the confrontation clause of the Sixth Amendment to the United States Constitution and the due process clause of the Fourteenth Amendment to the United States Constitution as well as the law of the land clause of Article I, Sec. 19 of the Constitution of North Carolina, the Court of Appeals held that a defendant must be given prior notice...

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