STATE v. GROOMS (2020)

Supreme Court of North Carolina,

STATE of North Carolina v. Timmy Euvonne GROOMS

No. 39A99-2

Decided: February 26, 2020

David Weiss, Attorney at Law, For Grooms, Timmy Euvonne. Johanna Jennings, Attorney at Law, For Grooms, Timmy Euvonne. Danielle Marquis Elder, Special Deputy Attorney General, For State of N.C. Jonathan P. Babb, Special Counsel to Attorney General, For State of N.C. Kristy M. Newton, District Attorney, For State of N.C.

SPECIAL ORDER

Defendant's petition for writ of certiorari to review the order of the Superior Court, Scotland County, is allowed. The 31 October 2018 order of the Superior Court denying defendant's motion for appropriate relief is hereby vacated and the case is remanded to the Superior Court for consideration of the claims in defendant's motion for appropriate relief consistent with N.C.G.S. § 15A-1420. On remand, the Superior Court is instructed to conduct an evidentiary hearing for all claims which would entitle the defendant to relief if the assertions of fact presented are assumed to be true. See State v. McHone, 348 N.C. 254, 258, 499 S.E.2d 761, 763 (1998).

By order of the Court in Conference, this the 26th day of February, 2020.

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