STATE v. McCLAIN

No. 140A00.

599 S.E.2d 906 (2004)

STATE of North Carolina v. Robert Lewis McCLAIN.

Supreme Court of North Carolina.

April 13, 2004.


Attorney(s) appearing for the Case

Mary Winstead, Assistant Attorney General, Peter S. Gilchrist, III, District Attorney, for the State.

Anne Gomez, Assistant Appellate Defender, for McClain.


ORDER

By Order dated 31 January 2002, this Court remanded the case to the Superior Court, Mecklenburg County, for a hearing on defendant's Motion for Appropriate Relief. At the conclusion of the hearing, the superior court determined that defendant was mentally retarded within the definition of N.C.G.S. § 15A-2005(a)(1) and vacated defendant's sentence of death. In accordance with our Order, the superior court transmitted its findings to this Court....

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