Acknowledgement of receipt (08/04/06) of judgment from Clerk, Supreme Court of North Carolina received.

MANDATE ISSUED.

Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Washington v. Recuenco, 548 U.S. ____ (2006). (orders list)

DISTRIBUTED for Conference of June 29, 2006.

Motion for leave to proceed in forma pauperis filed by respondent.

Brief of respondent Timmy Wayne Speight in opposition filed.

Response Requested . (Due November 28, 2005)

DISTRIBUTED for Conference of October 28, 2005.

Waiver of right of respondent Timmy Wayne Speight to respond filed.

Petition for a writ of certiorari filed. (Response due October 6, 2005)

North Carolina, Petitioner, represented by Robert C. Montgomery

Timmy Wayne Speight, Respondent, represented by Margaret Creasy Ciardella