State v. Green

In State v. Green, 336 N.C. 142, 443 S.E.2d 14, cert. denied, 513 U.S. 1046, 130 L. Ed. 2d 547, 115 S. Ct. 642 (1994), the Supreme Court held "there is no common law, statutory, or constitutional right to allocution in a capital case." Id. at 191, 443 S.E.2d at 42. Sentencing in capital cases is governed by the provisions of N.C. Gen. Stat. 15A-2000(a)(4) (1999), which gives either the defendant or his counsel the right to "present argument for or against sentence of death." That statutory provision, however, does not give a defendant the right "to testify without being subjected to cross-examination or to make unsworn statements of fact during any such argument or otherwise." Green, 336 N.C. at 192, 443 S.E.2d at 43.