State v. Sayre

Supreme Court of North Carolina September 21, 2018

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 330A17

Filed 21 September 2018 STATE OF NORTH CAROLINA

v. JOHN H. SAYRE

Appeal pursuant to N.C.G.S. § 7A-30(2) from the unpublished decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 803 S.E.2d 699 (2017), affirming an order entered on 2 May 2016 by Judge Eric C. Morgan in Superior Court, Forsyth County. Heard in the Supreme Court on 27 August 2018.

Joshua H. Stein, Attorney General, by Kimberly N. Callahan, Assistant

Attorney General, for the State.

Glenn Gerding, Appellate Defender, by Nicholas C. Woomer-Deters, Assistant

Appellate Defender, for defendant-appellant.

PER CURIAM.

AFFIRMED.

Reference

Status: Published
Syllabus: Whether an indigent defendant made a sufficient showing of 'materiality' under N.C.G.S. 15A-269 to require the trial court to appoint counsel to assist with his post-conviction motion for DNA testing to support his claim of innocence.