The News and Observer has this:
One of two brothers convicted in the 1993 Raleigh killings of two Food Lion employees has a chance to get off death row.
Elmer Ray McNeill Jr. had his death sentence essentially thrown out by U.S. District Court Judge Terrence Boyle in February. Boyle ruled that McNeill’s lawyers at his 1996 trial didn’t probe enough into the suspect’s childhood and history of depression.
On Thursday, Howard Cummings, a Wake assistant district attorney, announced in court that prosecutors want the chance to schedule a new sentencing hearing for McNeill, now 38. That means a new group of Wake jurors would decide whether McNeill deserved the death sentence for the killings.