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Criminal Procedure Keyed to Miller
State v. Reche Smith
Citation:607 S.E.2d 607 (N.C. 2005)
Smith (defendant) was on trial for first-degree murder and larceny. The evidence showed that Smith had choked the victim, stolen property from the victim’s home, and bought cocaine. During voir dire, a potential juror indicated that he was strictly against drug use. Smith’s counsel asked the juror if evidence of drug use would affect or impair his ability to be fair and impartial. The juror responded, “Yes.” Smith challenged the juror for cause, but the trial court found, after further questioning, that the juror would not let his personal feelings affect his ability to follow the court’s instructions. The judge denied Smith’s challenge.
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