BACON v. LEE

No. 209A91-4.

549 S.E.2d 840 (2001)

353 N.C. 696

Robert BACON, Richard Cagle, and Elton McLaughlin v. R.C. LEE, Warden of Central Prison, Michael F. Easley, Governor of North Carolina, & Roy Cooper, Attorney General of North Carolina.

Supreme Court of North Carolina.

August 2, 2001.


Attorney(s) appearing for the Case

Thomas F. Loflin III, Durham, for plaintiff-appellees; J. Kirk Osborn, Chapel Hill, for plaintiff-appellee McLaughlin; and Stephen R. Greenwald, pro hac vice, New York, NY, for plaintiff-appellees Bacon and McLaughlin.

Roy A. Cooper, Attorney General, by Barry S. McNeill, Edwin W. Welch, and Valérie B. Spalding, Special Deputy Attorneys General, for defendant-appellants.


MARTIN, Justice.

Plaintiffs instituted the instant civil action to challenge the constitutionality of the Governor's exercise of his clemency power under Article III, Section 5(6) of the Constitution of North Carolina.1

Plaintiff Robert Bacon (Bacon) was convicted of the first-degree murder of Glennie Leroy Clark at the 18 May 1987 Criminal Session of Superior Court, Onslow County. After a capital sentencing proceeding, the jury...

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