STATE v. MITCHELL

No. 22.

259 S.E.2d 254 (1979)

298 N.C. 549

STATE of North Carolina v. Levi MITCHELL.

Supreme Court of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Joan H. Byers, Raleigh, for the State.

J. Nat Hamrick, Rutherfordton, for defendant.


COPELAND, Justice.

The sole issue presented in this appeal is whether a trial judge has the authority and responsibility to schedule a matter for hearing or whether all authority and responsibility for scheduling hearings on post-conviction motions rest with the district attorney's office.

G.S. 7A-61 provides that the district attorney "shall prepare the trial dockets." However, that statute does not mean that a judge is without authority to schedule a matter...

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