State v. Phillips, 365 N.C. 103 (Jun. 16, 2011)

The trial court erred by submitting the (f)(4) mitigating circumstance (defendant was an accomplice in or accessory to the capital felony committed by another person and his participation was relatively minor) to the jury where it was not supported by substantial evidence. However, in the absence of “extraordinary facts,” the court concluded that the error was harmless.