STATE v. NICHOLS

No. 385A86.

365 S.E.2d 561 (1988)

STATE of North Carolina v. Mack Lee NICHOLS.

Supreme Court of North Carolina.

March 9, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., and Linda Anne Morris, Associate Atty. Gen., Raleigh, for State.

Thomas C. Manning and L. Michael Dodd, Raleigh, for Mack Nichols.


EXUM, Chief Justice.

This appeal raises questions involving (1) the admissibility of an unavailable witness's statement under North Carolina Evidence Rule 804(b)(5)1; (2) whether the prosecutor intentionally failed to provide defendant with requested impeachment evidence; (3) whether the trial court should have ordered an inquiry into the fitness of a juror during the sentencing phase of this proceeding; (4) whether the state made a

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