STATE v. BURKE

No. 181A93-4.

843 S.E.2d 246 (2020)

STATE of North Carolina v. Rayford Lewis BURKE.

Supreme Court of North Carolina.

Filed June 5, 2020.


Attorney(s) appearing for the Case

Joshua H. Stein , Attorney General, by Jonathan P. Babb and Danielle Marquis Elder , Special Deputy Attorneys General, for the State-appellee.

Center for Death Penalty Litigation, Durham, by Gretchen M. Engel ; and Malcolm R. Hunter Jr. , Durham, for defendant-appellant.

Cassandra Stubbs , Irena Como , Burton Craige , Raleigh, James Coleman , and Irv Joyner , for ACLU Capital Punishment Project, ACLU of North Carolina Legal Foundation, North Carolina Advocates for Justice, and North Carolina Conference of the NAACP, amici curiae.

ACLU Capital Punishment Project, by Brian Stull ; and The 8th Amendment Project, by Henderson Hill , Charlotte, for Promise of Justice Initiative and 12 Former Judges, Justices and Law Enforcement Officials, amici curiae.

Glenn, Mills, Fisher & Mahoney, P.A., Durham, by Carlos E. Mahoney ; and Jin Hee Lee and Kerrel Murray for NAACP Legal Defense & Educational Fund, Inc., amicus curiae.


Defendant, Rayford Lewis Burke, was convicted of one count of first-degree murder and sentenced to death in 1993. After we affirmed his conviction and sentence on direct appeal, defendant filed a motion for appropriate relief on 25 November 1997. The trial court denied that motion on 16...

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