Order Granting Evidentiary Hearing

This Source Verification Page documents the Order Granting Evidentiary Hearing referenced in Claim I of the Supplemental Motion. Although the Order is specifically cited within the Supplemental Motion, it was not available for independent review during preparation of this Source Verification Archive. The Order is believed to remain within counsel's case files and may become publicly available following the evidentiary hearing.

Related SMAR Citation

“[See May 5th, 2009 Order Granting Evidentiary Hearing by Judge Dennis Winner]”

Document Name

Order Granting Evidentiary Hearing

Case

State v. Lyle Clinton May

Judge

Dennis J. Winner

Date

May 5, 2009

Referenced in the Supplemental Motion

Page 40, Paragraph 78

Source Status

✘ Original court order has not been obtained for independent review.

✘ Relevant passages could not be highlighted.

✘ Public copy not currently available.

✘ Not included within the Source Verification Archive at this time.

Cited to Support

Lyle C. May's reliance upon the May 5, 2009 Order Granting Evidentiary Hearing for the court's determination that substantial questions existed regarding his mental condition, his capacity to understand and waive his constitutional rights, and trial counsel's investigation and presentation of mental-health evidence. May cites the Order in support of his allegations that the Buncombe County Superior Court determined these issues warranted further factual development through an evidentiary hearing.

May further relies upon the Order in support of his allegations concerning the voluntariness and reliability of his statements to law enforcement and trial counsel's handling of mental-health evidence. Although the Order itself was not available for independent review during preparation of this Source Verification Archive, it is cited in the Supplemental Motion as evidence that the court previously determined these issues warranted further factual development through an evidentiary hearing.

Supporting Documents

Current Status

No copy of the Order Granting Evidentiary Hearing has been obtained for inclusion within the Source Verification Archive.

Future Repository Updates

If a public copy of the Order becomes available or is introduced as an exhibit during the evidentiary hearing, it will be added to this page together with a highlighted research copy.