State v. Burney

Supreme Court of North Carolina

State v. Burney

277 S.E.2d 690, 301 N.C. 223, 1980 N.C. LEXIS 1348

CourtSupreme Court of North Carolina

DecidedSeptember 23, 1980

DocketNo. 119

StatusPublished

Cited by1 cases

This text of 277 S.E.2d 690 (State v. Burney) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Burney, 277 S.E.2d 690, 301 N.C. 223, 1980 N.C. LEXIS 1348 (N.C. 1980).

Pincite

Opinion

Order

It is ordered that this cause be remanded to the Superior Court, Richmond County for an evidentiary hearing on defendant’s motion for appropriate relief on the ground that evidence has become available which was unknown to defendant at the time of the trial. The Clerk of Superior Court, Richmond County, is directed to forthwith bring this matter before any superior court judge presently holding court in the district for the purpose of setting a time for the evidentiary hearing here ordered.

It is further ordered that all time periods for perfecting or proceeding with this appeal (including but not limited to the filing of briefs) are tolled pending the final disposition of defendant’s motion for appropriate relief.

[224]*224It is further ordered that the order of the Superior Court, Richmond County entered following the hearing ordered herein shall be transmitted to the clerk of this Court in accordance with G.S. 15A-1418.

Done by the Court in conference, this 22nd day of September 1980.

Carlton, J.

For the Court

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