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STATE v. McKOY

No. 585A85.

394 S.E.2d 426 (1990)

327 N.C. 31

STATE of North Carolina v. Dock McKOY, Jr., a/k/a Dock McCoy, a/k/a Dock McKay, a/k/a Paul McCoy.

Supreme Court of North Carolina.

July 26, 1990.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan H. Byers, William N. Farrell, Jr., Steven F. Bryant, Sp. Deputy Attys. Gen., and Barry S. McNeill, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, Gordon Widenhouse, Asst. Appellate Defender, Raleigh, and Louis D. Bilionis, Chapel Hill, for defendant-appellant.

EXUM, Chief Justice.

In McKoy v. North Carolina, ___ U.S. ___, 110 S.Ct. 1227, 108 L.Ed.2d 369 (hereinafter "McKoy"), the United States Supreme Court declared unconstitutional under the eighth and fourteenth amendments of the federal Constitution North Carolina jury instructions directing that, in making the final determination of whether death or life imprisonment is imposed, no juror may consider any circumstance...

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