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STATE v. SPIVEY

No. 299A02.

579 S.E.2d 251 (2003)

357 N.C. 114

STATE of North Carolina v. Henry Bernard SPIVEY, Jr.

Supreme Court of North Carolina.

May 2, 2003.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Robert C. Montgomery, Assistant Attorney General, for the State.

William L. Davis, III, Lumberton, for defendant-appellant.

American Civil Liberties Union of North Carolina Legal Foundation, Inc., by Seth H. Jaffe, Raleigh, amicus curiae.

WAINWRIGHT, Justice.

On 18 October 1994, Henry Bernard Spivey, Jr. (defendant), was arrested for the murder of Jermaine Morris. The record reveals that on 17 October 1994, the previous day, officers were dispatched to a housing project in Lumberton, North Carolina, where they found Morris dead from numerous gunshot wounds. An autopsy showed Morris had been shot eleven times, mostly in the chest and stomach. It appears that...

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