Supreme Court of North Carolina March 4, 2005, 563A99-2 (State v. Poindexter)

BRADY, Justice.

This Court must address two dispositive issues: (1) whether the failure of defendant’s attorneys to present a diminished capacity defense during the guilt-innocence phase of defendant’s 2002 capital trial for first-degree murder constituted ineffective assistance of counsel, and (2) whether the superior court lacked jurisdiction to conduct the evidentiary hearing with respect to