State v. McKoy

*33EXUM, Chief Justice.

In McKoy v. North Carolina, 494 U.S. —, 108 L. Ed. 2d 369 (hereinafter “McKoy”), the United States Supreme Court declared unconstitutional under the eighth and fourteenth amendments of the federal Constitution North Carolina jury instructions directing that, in making the final determination of whether death or life imprisonment is imposed, no juror may consider any circumstance in mitigation of the offense unless the jury unanimously concludes that the circumstance has been proved. Reversing this Court’s 5-2 decision to the contrary in State v. McKoy, 323 N.C. 1, 372…