"[W] hen a jury is properly instructed on both first-degree and second-degree murder and returns a verdict of guilty of first-degree murder, the failure to instruct on voluntary manslaughter is harmless error."

We granted certiorari, 525 US 1176 (1999), to resolve the inconsistency between the Fourth Circuit's decision in this case and the decisions of several other Courts of Appeals, which have held that a defendant's compliance with its permit after the commencement of litigation does not moot claims for civil penalties under the Act.

—holding that there is nothing in statute authorizing discovery by the state, NC Gen. Stat. § 15A-905, which limits results or reports of physical and mental examinations of defendant to production of existing written reports

The overwhelming majority of circuits considering this issue have held that even if a polluter's post-complaint compliance moots a citizen's claim for injunctive relief, the citizen's claim for civil penalties is not moot.

It is established law in North Carolina that it is error to submit two aggravating circumstances when the evidence to support each is precisely the same.

Once defendant is in possession of the results of an examination of an expert which defendant intends to present, the trial court may properly order that the expert reduce those results to writing and provide a copy of the written report to the State.

Civil penalties may still be imposed for post-complaint violations and for violations that were ongoing at the time suit was filed.

[BOOK] Clean Water Handbook

[CITATION] USER (of the forensic lab) BEWARE

[BOOK] Environmental law handbook