State v. Johnson

EXUM, Justice.

This appeal presents a number of questions arising under our death penalty statute, G.S. 15A-2000, et seq. Of principal importance is the meaning and application here of the impaired *50capacity mitigating circumstance.1 For error in the trial court’s instructions concerning it, defendant is entitled to a new sentencing hearing. Other questions raised and decided relate to (1) procedural requirements for submitting to the jury mitigating circumstances under G.S. 15A-2000(f); (2) the power of the state and defendant to enter into sentence negotiations in a capital case; (3) adequacy…