STATE v. WARD

No. 68A99-3.

694 S.E.2d 729 (2010)

STATE of North Carolina v. Michael Lemark WARD.

Supreme Court of North Carolina.

June 17, 2010.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Amy Kunstling Irene, Assistant Attorney General, for the State.

Staples S. Hughes, Appellate Defender, by Anne M. Gomez, Assistant Appellate Defender, for defendant-appellant.

John Rittelmeyer, Raleigh, for Disability Rights North Carolina and The Arc of North Carolina, amici curiae.


HUDSON, Justice.

Because N.C.G.S. § 15A-2005(e) does not explicitly prohibit a trial court from submitting the special issue of mental retardation to the jury in a bifurcated, rather than unitary, capital sentencing proceeding, we hold that the legislature has left that determination to the sound discretion of the capable trial judges of our State. Such a holding is consistent with the long-standing principle that when a statute is silent on whether to bifurcate...

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