McKoy v. North Carolina

1990

Venue: SCOTUS

Facts: For McKoy's sentencing, there's a complex jury questionnaire, and some things (esp. mitigating factors) are only allowed to be considered if the jury agrees on them unanimously. Death sentence ensues, for this reason.

Posture: Conviction at trial, appeal after sentencing.

Issue: Is the unanimity requirement for consideration of mitigating factors constitutional?

Holding: No. Death sentence vacated, remanded for resentencing.

Rule: Each juror must be permitted to consider and give effect to mitigating evidence.

Reasoning: If unanimity were required, a single hold-out juror could control what evidence can be considered.

Dicta: