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STATE v. CONNER

No. 219A91-5.

633 S.E.2d 90 (2006)

STATE of North Carolina v. Jerry Wayne CONNER.

Supreme Court of North Carolina.

May 10, 2006.

Attorney(s) appearing for the Case

Kenneth Rose, Durham, Mark Kleinschmidt, for Jerry W. Conner.

Steven Arbogast, Special Deputy Attorney General, Frank R. Parrish, District Attorney, for State of NC.

ORDER

"Defendant's motion for stay of execution is allowed. Defendant's petition for writ of certiorari is allowed for the limited purpose of reversing the trial court's denial of DNA testing and remanding this case to Gates County Superior Court for entry of an order requiring that biological evidence in the possession of the State be DNA tested pursuant to N.C.G.S. 15A-269. Except as otherwise allowed herein, defendant's petition for writ of certiorari...

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