Supreme Court of North Carolina.https://leagle.com/images/logo.png
June 17, 1994.
June 17, 1994.
Attorney(s) appearing for the Case
Michael F. Easley, Atty. Gen. by Joan Herre Byers, Sp. Deputy Atty. Gen., for the State.
Robin E. Hudson, Raleigh, for defendant appellant.
Stephen T. Smith, and Katherine E. Jean, Raleigh, for defendant-appellant.
Tharrington, Smith & Hargrove by Roger W. Smith, Raleigh, and Steptoe & Johnson by William T. Hassler, Washington, DC, on behalf of the Government of Mexico, amicus curiae.
Patterson, Harkavy, Lawrence, Van Noppen & Okun by Maxine Eichner and Melinda Lawrence, Raleigh, Goldsmith & Goldsmith by C. Frank Goldsmith, Jr., Marion, Louis D. Bilionis, Raleigh, and Ferguson, Stein, Watt, Wallas, Adkins & Gresham by Adam Stein, Charlotte, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.
Supreme Court of North Carolina.
EXUM, Chief Justice.
The question in this case is whether McKoy v. North Carolina,494 U.S. 433, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990), which invalidated the then-existing unanimity requirement of our capital sentencing scheme, should be applied retroactively to capital cases which, like defendant's, became final before McKoy was decided. Adopting the retroactivity standard announced in Teague v. Lane,...
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