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STATE v. McLEAN

No. COA13-693.

753 S.E.2d 235 (2014)

STATE of North Carolina v. Lucius Elwood McLEAN.

Court of Appeals of North Carolina.

January 21, 2014.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Ward Zimmerman , for the State.

Appellate Defender Staples S. Hughes , by Assistant Appellate Defender Andrew DeSimone , for defendant-appellant.

HUNTER, JR., ROBERT N., Judge.

Following final judgments as to the charges against him, Lucius Elwood McLean ("Defendant") appeals a pre-trial order entered 4 March 2010 by Judge Ronald E. Spivey in Guilford County Superior Court. The challenged order denied Defendant's pre-trial motion for DNA testing pursuant to N.C. Gen.Stat. § 15A-267(c) (2013). Defendant contends that the trial court erred as a matter of law in denying his motion because the absence of his...

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