STATE v. GREEN

No. 385A84-5.

514 S.E.2d 724 (1999)

STATE of North Carolina v. Harvey Lee GREEN, Jr.

Supreme Court of North Carolina.

June 9, 1999.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General, by Valerie B. Spalding, Special Deputy Attorney General, for the State.

Center for Death Penalty Litigation, by Gretchen M. Engel, Staff Attorney, Durham; and Henderson Hill, Charlotte, for defendant-appellant.


MITCHELL, Chief Justice.

The issue before this Court is whether N.C.G.S. § 15A-1415(f), which governs postconviction discovery in capital cases, applies to this defendant who was convicted of a capital offense, sentenced to death, and had his post-conviction motion for appropriate relief denied prior to 21 June 1996, the effective date of the statute. For the reasons that follow, we conclude that N.C.G.S. § 15A-1415(f) does not apply retroactively to such...

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