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STATE v. GREEN

No. 385A84.

376 S.E.2d 727 (1989)

STATE of North Carolina v. Harvey Lee GREEN, Jr.

Supreme Court of North Carolina.

March 2, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan H. Byers, Sp. Deputy Atty. Gen., Raleigh, for the State (original brief and argument); Lacy H. Thornburg, Atty. Gen. by James J. Coman, S. Deputy Atty. Gen., William N. Farrell, Jr., and Joan H. Byers, Sp. Deputy Attys. Gen., and Barry S. McNeill, Asst. Atty. Gen., Raleigh, for the State (supplemental brief and argument).

Malcolm Ray Hunter, Jr., Appellate Defender by David W. Dorey, Asst. Appellate Defender, Raleigh, for defendant-appellant (original brief and argument); Malcolm Ray Hunter, Jr., Appellate Defender by David W. Dorey, and Louis D. Bilionis, Asst. Appellate Defenders, Raleigh, for defendant-appellant (supplemental brief and argument).

E. Ann Christian and Robert E. Zaytoun, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

John A. Dusenbury, Jr., Asheville, for North Carolina Ass'n of Black Lawyers, amicus curiae.

WEBB, Justice.

The defendant has brought forward twenty-three assignments of error. In this opinion we shall discuss one of them.

The defendant assigned error to the procedure used to determine an issue in regard to racial discrimination in the selection of the jury. After this case was tried the United States Supreme Court rendered its opinions in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)...

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