Repository Collection 03
Order Granting Evidentiary Hearing
COURT ORDER ENTRY
Last Revised • July 9, 2026
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
X Letter obtained and reviewed.
X Relevant passages highlighted.
X Publicly available source
X Included within the Source Verification Archive
May's allegation that substantial questions existed regarding the Defendant's mental condition,
capacity to understand and waive constitutional rights, and the effectiveness of trial counsel's
investigation and presentation of mental-health evidence. Judge Winner's Order is cited to
establish that the Buncombe County Superior Court granted an evidentiary hearing on claims
relating to the Defendant's mental state, the voluntariness and reliability of his statements to law
enforcement, and trial counsel's handling of mental-health evidence. May relies upon the Order to
demonstrate that these issues were previously determined by the court to warrant further factual
development through an evidentiary hearing
Source Status
Cited to Support
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 the Order becomes publicly available or is introduced as an exhibit during the evidentiary hearing, it will be added to this page together with a highlighted research copy.
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