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STATE v. BATES

No. 145A91.

428 S.E.2d 693 (1993)

333 N.C. 523

STATE of North Carolina v. Joseph Earl BATES.

Supreme Court of North Carolina.

April 8, 1993.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by David F. Hoke, Asst. Atty. Gen., Raleigh, for the State.

Malcolm R. Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant appellant.

WHICHARD, Justice.

Defendant was tried capitally for murder in the first degree of Charlie Jenkins and, pursuant to the jury's unanimous recommendation, was sentenced to death for the murder. Defendant's pre-trial motion that his preliminary showing of need for funds to hire a mental health expert be heard ex parte was denied by the trial court. We hold, for reasons more fully articulated in State v. Ballard, 333 N.C. 515

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