Repository Collection 03
State v. Basden
CASE ENTRY
Last Revised • July 10, 2026
This Source Verification Page documents the North Carolina Supreme Court's decision in State v. Basden, cited in Claim II of the Supplemental Motion. The opinion addresses when a previously denied Motion for Appropriate Relief may be treated as pending again for purposes of post-conviction proceedings and discovery.
Related SMAR Citation
“In State v. Basden, 350 N.C. 579, 582-83 (1999), the North Carolina Supreme Court held that by allowing the defendant time to respond to the State's motion for summary denial of the defendant's motion to vacate denial of the MAR, the trial court "resurrected" defendant's MAR and made it "pending" for the purposes of MAR discovery provision.”
Case Name
State v. Basden
Citation
350 N.C. 579, 582-83 (1999)
Date
June 25, 1999
Verification Source
North Carolina Supreme Court opinion
Source Location
North Carolina Supreme Court opinion
Highlighted Pages
1, 3 - 6
Referenced in the Supplemental Motion
Page 57, Paragraph: 119
✔ Original Court Order obtained and reviewed.
✔ Relevant passages highlighted.
✔ Publicly available source
✔ Included within the Source Verification Archive
May's allegation that his original Motion for Appropriate Relief should be considered pending for
purposes of adjudicating the claims and newly discovered evidence presented in the
Supplemental MAR. May cites State v. Basden to support the principle that a trial court may
effectively "resurrect" a previously denied Motion for Appropriate Relief by taking action that
places the motion back before the court for further proceedings. May relies upon this authority to
argue that Claim II of his original Motion for Appropriate Relief should be reconsidered in light of
the additional evidence and allegations of prosecutorial misconduct presented in the Supplemental
MAR.
Link to the original article.
Working research copy containing the highlighted passages cited in the Supplemental Motion.
Continue browsing the sources cited throughout Claim II.
Return to the main Source Verification Archive and explore additional sections of the Supplemental Motion.
Source Status
Cited to Support
Supporting Documents
Original Article
Highlighted Research Copy
Continue Your Research
Return to Claim II
Return to Source Verification Archive