STATE v. DIEHL

No. 195A00.

545 S.E.2d 185 (2001)

353 N.C. 433

STATE of North Carolina v. David Charles DIEHL.

Supreme Court of North Carolina.

May 4, 2001.


Attorney(s) appearing for the Case

Roy A. Cooper, Attorney General, by Buren R. Shields, III, Assistant Attorney General, for the State-appellant.

Mary March Exum, Chapel Hill, for defendant-appellee.

Seth H. Jaffe, Counsel, American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.


EDMUNDS, Justice.

On 16 January 1996, defendant David Charles Diehl was indicted for first-degree murder. The case was tried capitally. The jury found defendant guilty of first-degree murder on the basis of premeditation and deliberation. After a capital sentencing proceeding, the jury recommended life imprisonment without parole, and on 10 March 1998, the court imposed sentence accordingly. In a split decision, the Court of Appeals vacated defendant's conviction...

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