STATE v. BASDEN

No. 159A93-3.

515 S.E.2d 220 (1999)

STATE of North Carolina v. Ernest West BASDEN.

Supreme Court of North Carolina.

June 25, 1999.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General, by Edwin W. Welch, Valerie Spalding, and Barry McNeil, Special Deputy Attorneys General, for the State.

J. Matthew Martin, Harry C. Martin, and John D. Loftin, Hillsborough, for defendant-appellant.

Paul M. Green, Durham, on behalf of the North Carolina Academy of Trial Lawyers and the National Association of Criminal Defense Lawyers, amici curiae.


MITCHELL, Chief Justice.

In State v. Green, ___ N.C. ___, 514 S.E.2d 724 (1999), we determined that the discovery provided by N.C.G.S. § 15A-1415(f) applies retroactively to post-conviction motions for appropriate relief in capital cases, but only when such motions were filed before 21 June 1996 and had been allowed or were still pending on that date. As we conclude that defendant in this case filed his motion for appropriate...

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