ORDER
McMILLAN, District Judge.
On August 19, 1988, petitioner, John Thomas Noland, Jr., filed a petition for writ of habeas corpus, stating eight claims for relief. The first of these claims was that the trial judge erred by instructing the jury that unanimity was required in determining mitigating factors at the sentencing phase.
On October 13, 1988, respondent, the State of North Carolina, filed an answer to the petition.
In that...
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