State v. McLean

HUNTER, JR., Robert N., Judge.

Following final judgments as to the charges against him, Lucius Elwood McLean (“Defendant”) appeals a pre-trial order entered 4 March 2010 by Judge Ronald E. Spivey in Guilford County Superior Court. The challenged order denied Defendant’s pre-trial motion for DNA testing pursuant to N.C. Gen. Stat. § 15A-267(c) (2013). Defendant contends that the trial court erred as a matter of law in denying his motion because the absence of his DNA on shell casings found at the scene, if established, would have been relevant to the State’s investigation and material to his…