STATE v. RORIE

No. 330PA97.

500 S.E.2d 77 (1998)

348 N.C. 266

STATE of North Carolina v. Herman Anthony RORIE.

Supreme Court of North Carolina.

May 8, 1998.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Gail E. Weis, Assistant Attorney General, for the State-appellant.

Susan J. Weigand, Assistant Public Defender, and Jean B. Lawson, Charlotte, for defendant-appellee.


PARKER, Justice.

The issue in this case is whether the trial court, as a sanction for the district attorney's violation of Rule 24 of the General Rules of Practice for the Superior and District Courts ("Rules of Practice"), exceeded its authority by prohibiting the State from seeking the death penalty where defendant is charged with first-degree murder. At the outset we note that an assistant district attorney signed the pleadings in this case and that this assistant...

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