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CONNER v. NORTH CAROLINA COUNCIL OF STATE

No. 213PA10.

716 S.E.2d 836 (2011)

Jerry W. CONNER, James A. Campbell, James Edward Thomas, Marcus Robinson, and Archie Lee Billings, Petitioners v. NORTH CAROLINA COUNCIL OF STATE, Respondent.

Supreme Court of North Carolina.

October 7, 2011.

Attorney(s) appearing for the Case

Center for Death Penalty Litigation, by David Weiss , for petitioner-appellants; and Kevin P. Bradley for petitioner-appellant Billings; Kenneth J. Rose , E. Hardy Lewis , and Mark J. Kleinschmidt for petitioner-appellant Conner; Elizabeth F. Kuniholm for petitioner-appellant Campbell; and Michael R. Ramos and Geoffrey W. Hosford for petitioner-appellant Robinson; and Ann Groninger and Robert E. Zaytoun for petitioner-appellant Thomas.

Roy Cooper , Attorney General, by Thomas J. Pitman , Special Deputy Attorney General, and Joseph Finarelli , Assistant Attorney General, for respondent-appellee.

JACKSON, Justice.

Petitioners in this action are inmates who have been sentenced to death by lethal injection. Respondent is the North Carolina Council of State ("the Council"). Although the underlying substance of this case centers on the constitutionality of the State's method of execution, the narrow issue before us in this appeal is a procedural one: Is the Council's statutorily-mandated approval of an administrative agency's action subject to the requirements...

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