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N.C. COUNCIL OF CHURCHES v. STATE

No. 9310SC1162.

461 S.E.2d 354 (1995)

NORTH CAROLINA COUNCIL OF CHURCHES and Jimmy Creech, Plaintiffs, v. STATE of North Carolina; North Carolina Department of Corrections; and Franklin Freeman, in his official capacity, Defendants.

Court of Appeals of North Carolina.

September 5, 1995.

Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence by Burton Craige, Raleigh, for plaintiffs-appellants.

Attorney General Michael F. Easley by Special Deputy Attorney General James Peeler Smith, Special Deputy Attorney General Jacob L. Safron, and Associate Attorney General William McBlief, for defendants-appellees.

LEWIS, Judge.

On 4 September 1992 plaintiffs, opponents of the death penalty, applied to the North Carolina Department of Administration for a permit to conduct a vigil on the "grassy knoll" near Central Prison in Raleigh during the 24 hours preceding the execution of John Gardner scheduled for 23 October 1992. The grassy knoll, prison property used for vigils in 1984, 1986, and 1991, is located on the north side of Western Boulevard, about 100 yards south of the...

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