State v. Wynne

MARTIN, Justice.

Defendant was convicted of murder in the first degree and kidnapping and was sentenced to death. Our review of the record reveals no error in the guilt phase of defendant’s trial. We vacate the sentence of death and remand for a new sentencing proceeding on the conviction of murder in the first degree.

The victim, Aaron Parker, was a mentally retarded black male, who lived with his family near Roanoke Rapids, North Carolina. On the evening of 21 April 1988, Aaron left home at 7:30 p.m. to cut the grass at the home of a neighbor, Louise Heustess. Aaron’s sister testified that…