SIMEON v. HARDIN

No. 267PA93.

451 S.E.2d 858 (1994)

David SIMEON, Peter Zegler, and others similarly situated v. James E. HARDIN, Jr., District Attorney for the Fourteenth Prosecutorial District.

Supreme Court of North Carolina.

December 30, 1994.


Attorney(s) appearing for the Case

N.C. Prisoner Legal Services, Inc. by Paul M. Green, Ollie Taylor, and Marvin Sparrow, Raleigh, for plaintiffs-appellants.

Michael F. Easley, Atty. Gen. by David Roy Blackwell, Sp. Deputy Atty. Gen., and Debra C. Graves, Asst. Atty. Gen., for defendant-appellee.

Harry C. Martin, Louis D. Bilionis, and David S. Rudolf, Chapel Hill, on behalf of the North Carolina Academy of Trial Lawyers, the North Carolina Ass'n of Public Defenders, and the Nat. Ass'n of Criminal Defense Lawyers, amici curiae.

Charles E. Burgin, President, Raleigh, for amicus curiae North Carolina Bar Ass'n.

Donald M. Jacobs, President, Winston-Salem, for amicus curiae North Carolina Conference of Dist. Attys.

Moore & Van Allen, PLLC by Laura B. Luger and Andrew B. Cohen, Durham, on behalf of the American Civil Liberties Union of North Carolina, amicus curiae.


FRYE, Justice.

On this appeal, plaintiffs contend that the superior court erred in dismissing their civil action challenging the Durham County District Attorney's1 statutory authority to set the superior court's criminal trial calendar. Plaintiffs present three issues on this appeal: (1) whether the superior court erred in dismissing the case for lack of subject matter jurisdiction; (2) whether the superior court erred in concluding that...

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