STATE v. McDOWELL

No. 195A82.

310 S.E.2d 301 (1984)

STATE of North Carolina v. Robert Henry McDOWELL.

Supreme Court of North Carolina.

January 10, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Donald W. Stephens, Asst. Atty. Gen., Raleigh, for state appellant.

Richard A. Rosen and Patricia W. Lemley, Chapel Hill, James E. Ferguson, Charlotte, John Charles Boger, admitted pro hac vice, and Deborah Fins, New York City, for defendant-appellee.


EXUM, Justice.

The question dispositive of this case is whether Judge Collier entered the order allowing defendant's motion for appropriate relief without applying the appropriate constitutional standard. Believing that he did, as the state contends, we vacate his order and remand the case to the superior court for a hearing de novo.

I.

The movant, Robert Henry McDowell, was convicted of first degree murder and felonious assault at the 3 December...

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