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STATE OF NORTH CAROLINA by sIKk7148

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									STATE OF NORTH CAROLINA                        IN THE GENERAL COURT OF JUSTICE
                                                   SUPERIOR COURT DIVISION
COUNTY OF ?????                                          FILE NO. ?????


STATE OF NORTH CAROLINA               )              REQUEST FOR JURY
                                      )          INSTRUCTION: LIFE WITHOUT
v.                                    )                 PAROLE (II)
                                      )
??????????                            )
                                      )

       NOW COMES the defendant, by and through counsel, and hereby requests that the Court

instruct the jury as follows:

               Ladies and Gentlemen of the Jury, it is now my duty to instruct you
               as to the law you must apply in making your decision as to whether
               the Defendant shall be sentenced to life without parole or death for
               this case under consideration.

               The defendant has been convicted of murder in the first degree.
               Your sole duty in this case is to determine what sentence is to be
               imposed in this case. There are only two possible punishments you
               may impose: imprisonment for Life without parole or Death. If
               you unanimously recommend that the defendant be sentenced to
               death in this case, I am required by law to impose a sentence of
               death. I have no authority to set aside that recommendation or to
               impose any sentence less than death. The defendant will be
               executed at a designated time and date.

               If you unanimously recommend that the defendant be sentenced to
               life without imprisonment in this case, the Court will impose a
               sentence of life imprisonment without the possibility of parole.
               In order to return a verdict of life or death, your decision must be
               unanimous. All twelve of you must agree that the defendant be
               sentenced to death before you may return a verdict sentencing the
               defendant to death.

               If all twelve of you cannot unanimously agree within a reasonable
               time to a verdict sentencing the defendant to death, the law requires
               that I then impose a sentence of life imprisonment without the
               possibility of parole.
AUTHORITIES:

State v. Johnson, II, 298 N.C. 355, 359 S.E.2d 752 (1979) (dissent of Justice Exum)

California v. Ramos,      U.S.       77 L.Ed.2d 1171 (1983).

McKoy v. North Carolina, 494 U.S. 433, 108 L.Ed.2d 369 (1990).


This the _____ day of __________, 200_.


                                                    Attorney Name
                                                    N. C. State Bar No. _______
                                                    Address
                                                    Tel:
                                                    Fax:

                                                    Attorney Name
                                                    N. C. State Bar No. _______
                                                    Address
                                                    Tel:
                                                    Fax:

                                                    ATTORNEYS FOR DEFENDANT




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                                 CERTIFICATE OF SERVICE

I certify that I served a copy of the foregoing Request for Jury Instruction: Life Without
Parole by first class mail upon:

Name
District Attorney
Address

       This the ___ day of ____________, 200_.

                                                   ______________________________
                                                   Name




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