Wednesday, May 10, 2006

In the Supreme Court of North Carolina . . .

Late this morning, Justice Timmons-Goodson signed an Order for the Court that reads in pertinent part as follows:

Defendant's motion for stay of execution is allowed. Defendant's petition for writ of certiorari is allowed for the limited purpose of reversing the trial court's denial of DNA testing and remanding this case to Gates County Superior Court for entry of an order requiring that biological evidence in the possession of the State be DNA tested pursuant to N.C.G.S. 15A-269.

With this order, the Gates County court's denial of a DNA test was vacated. Importantly, this Order indicates that the Supreme Court understands that the law means what it says -- that when DNA exists and is relevant to a case, it is the public policy of the State of North Carolina that it be tested.

(AP Photo/Jerry Wayne Conner's defense lawyers)


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