STATE v. SEWARD

No. 174PA07.

657 S.E.2d 356 (2008)

STATE of North Carolina v. Quante SEWARD.

Supreme Court of North Carolina.

March 7, 2008.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Amy C. Kunstling, Assistant Attorney General, for the State-appellant.

Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, Assistant Appellate Defender, for defendant-appellee.


BRADY, Justice.

In this case we must determine the extent of the trial court's authority in conferences governed by Rule 24 of the General Rules of Practice for the Superior and District Courts to examine the existence of evidence of aggravating circumstances. We conclude that a trial court has the authority to declare a case noncapital following a Rule 24 conference based upon a finding that there exists no evidence of an aggravating circumstance. In its analysis...

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