United States Fourth Circuit

Plaintiff's habeas claim, that his death sentence is constitutionally infirm because the trial court instructed the jury that unanimity was required to find mitigating circumstances, a practice struck down in McKoy v. North Carolina, 494 U.S. 433 (1990), is not procedurally barred and is remanded for consideration of the merits.

Appellate Information

• Argued 10/30/2002
• Decided 02/14/2003
• Published 02/14/2003

Judges

• Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Donald Cowan, Jr., Smith Moore, L.L.P., Greensboro, North Carolina, for Appellant.  Ellen Bradshaw Scouten, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Frances P. Turner, Smith Moore, L.L.P., Greensboro, North Carolina, for Appellant.  Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.