· 9/29/1978
Carl Miller, Artis P. McClain and Larry Campanella Clark v. State of North Carolina
Citations
- 583 F.2d 701
- 1978 U.S. App. LEXIS 8719
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that when a jury is exposed to “highly prejudicial argument by the prosecutor’s calculated resort to racial prejudice” in a sensitive context, “the prejudice engendered is so great that automatic reversal is required”
- “Nothing is more fundamental to the provision of a fair trial than the right to an impartial jury. The impartiality of the jury must exist as the outset of the trial and it must be preserved throughout the entire trial.”
- “Nothing is more fundamental to the provision of a fair trial than the right to an impartial jury. The impartiality of the jury must exist as the outset of the trial and it must be preserved throughout the entire trial.”
- where the prosecutor argued that a white woman would never consent to sexual relations with a black man
- “Concern about fairness should be especially acute where a prosecutor’s argument appeals to race prejudice in the context of a sexual crime, for few forms of prejudice are so virulent.”
- \Due process is not violated unless the error constitutes a 'failure to observe that fundamental fairness essential to the very concept of justice.' \ (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Boreman, Hall, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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