STATE v. ALLEN

No. 70A86.

417 S.E.2d 227 (1992)

331 N.C. 746

STATE of North Carolina v. Timothy Lanier ALLEN.

Supreme Court of North Carolina.

June 25, 1992.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., Raleigh, for the State.

Allen Holt Gwyn and Julie A. Davis, Greensboro, for defendant-appellant.


WEBB, Justice.

In McKoy, the United States Supreme Court held that the defendant's constitutional rights were violated because, pursuant to the court's instructions, no juror could consider a mitigating circumstance in determining whether a death sentence should be imposed if such mitigating circumstance was not unanimously found by the jury. This would be so even if such a juror felt the circumstance had mitigating value. In this case, the court instructed...

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