STATE v. PEARSON

No. COA00-647.

551 S.E.2d 471 (2001)

STATE of North Carolina v. Marion Edward PEARSON, Jr.

Court of Appeals of North Carolina.

August 21, 2001.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General, by Robert C. Montgomery, Assistant Attorney General, for the State.

Robert C. Ervin, Morganton, for defendant-appellant.

Ann Groninger, Raleigh, for American Civil Liberties Union of North Carolina Legal Foundation, Inc., amicus curiae.


THOMAS, Judge.

Defendant, Marion Edward Pearson, appeals after pleading guilty as part of a plea agreement to two counts of second-degree rape. All of his assignments of error concern the trial court's denial of his pre-trial motions to suppress evidence.

Defendant based those motions on three grounds. First, he argued evidence resulting from a non-testimonial identification order (NIO) more than twelve years prior to his arrest should have been suppressed...

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