Legal Opinion

State v. Gardner

Court of Appeals of North Carolina

Decided May 21, 2013No. COA12-969PublishedCited by 25 opinions

1Opinion of the Court

HUNTER, Robert C., Judge.

Edward Joseph Gardner, IV (“defendant”) appeals from orders denying his motions to locate and preserve evidence and for postconviction DNA testing. On appeal, defendant argues that the trial court erred by: (1) failing to appoint counsel to represent defendant on his motion for postconviction DNA testing; and (2) making insufficient findings of fact and conclusions of law in denying defendant’s motion for postconviction DNA testing. After careful review, we find no error.

*365Background

Defendant was indicted on 19 July 1999 for twenty-eight charges of statutory rape…

2Cases cited5 opinions

  1. State v. FosterCourt of Appeals of North Carolina · 2012
  2. State v. CatesCourt of Appeals of North Carolina · 2002
  3. Couch v. BradleyCourt of Appeals of North Carolina · 2006
  4. State v. MooreCourt of Appeals of North Carolina · 2011
  5. State v. BartsCourt of Appeals of North Carolina · 2012

3Cited by25 opinions

  1. State v. CoxCourt of Appeals of North Carolina · 2016
  2. State v. LaneSupreme Court of North Carolina · 2018
  3. State v. CollinsCourt of Appeals of North Carolina · 2014
  4. State v. TilghmanCourt of Appeals of North Carolina · 2018
  5. State v. ByersCourt of Appeals of North Carolina · 2018

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