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State v. Keel
Citations: 353 N.C. 365; 547 S.E.2d 422; 2001 N.C. LEXIS 225Docket: No. 134A93-8
Court: Supreme Court of North Carolina; March 1, 2001; North Carolina; State Supreme Court
The Court reviewed the state's Motion to Lift Stay of Execution filed on January 12, 2001. It noted that on April 7, 2000, it had established a legal precedent regarding the waiver of post-conviction discovery rights in State v. Williams, 351 N.C. 465 (2000), and remanded the case for reconsideration. The state acknowledged that the defendant was entitled to post-conviction discovery following the Williams decision. However, on January 5, 2001, the trial court denied this right under G.S. 15A-1415(f). The Court concluded that the defendant is entitled to post-conviction discovery as per G.S. 15A-1415(f), thus reversing the trial court's January 5 order. Consequently, the Motion to Lift Stay of Execution is denied, and the case is remanded to Edgecombe County Superior Court for an order granting the defendant post-conviction discovery. This order was issued on March 1, 2001, by Judge Butterfield.