Legal Opinion

State v. Byers

Court of Appeals of North Carolina

Decided December 18, 2018No. COA18-250PublishedCited by 2 opinions

1Opinion of the Court

McGEE, Chief Judge.

Terraine Sanchez Byers ("Defendant") was convicted of first-degree murder of his former girlfriend and first-degree burglary on 3 March 2004. After exhausting his direct appeal, Defendant filed a pro se motion for post-conviction DNA testing pursuant to N.C. Gen. Stat. § 15A-269 on 31 July 2017. The trial court entered an order dated 3 August 2017 denying Defendant's motion. Defendant appeals and argues that the trial court erred in denying his motion for post-conviction DNA testing. We agree.

I. Factual and Procedural History

Defendant was convicted of first-degree murder…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  3. State v. DaughtrySupreme Court of North Carolina · 1995
  4. State v. GardnerCourt of Appeals of North Carolina · 2013
  5. State v. FosterCourt of Appeals of North Carolina · 2012

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3Cited by2 opinions

  1. State v. ByersSupreme Court of North Carolina · 2020
  2. State v. ByersSupreme Court of North Carolina · 2020

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