Noland v. French

Affirmed in part and reversed in part by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Judge LUTTIG joined.

OPINION

ERVIN, Circuit Judge:

John Thomas Noland filed a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994). The district court granted Noland’s petition with regard to his sentence, ordering the State of North Carolina to conduct a new sentencing hearing. It ruled that the jury was improperly instructed at the sentencing phase of Noland’s trial as to its consideration of mitigating circumstances, in violation of McKoy v. North…