State v. Quick

EXUM, Chief Justice.

This appeal presents questions regarding the mitigating circumstance that defendant has no significant history of prior criminal activity, N.C.G.S. § 15A-2000(f)(l) (1988), and whether the State improperly offered evidence of defendant’s silence during a pretrial interrogation. Concluding there was reversible error in failing to submit the mitigating circumstance and at least error in offering evidence of defendant’s silence, we vacate the sentence of death and remand for a new sentencing hearing.

This is defendant’s second appeal of a death sentence. At his first trial he…