Repository Collection 03

In re Spivey

CASE ENTRY

Last Revised • July 11, 2026

This Source Verification Page documents the North Carolina Supreme Court decision in In re Spivey, cited in Claim III of the Supplemental Motion. The decision is relied upon for the principle that North Carolina courts possess inherent authority to appoint independent counsel when necessary for the proper administration of justice. It is included to support the request that independent counsel be appointed to investigate and present evidence concerning the allegations raised in Paragraph 128 of the Supplemental Motion.


Related SMAR Citation

“[In re Spivey, 345 N.C. 404, 480 S.E. 2d 693 (1997)]”


Case Name

In re Spivey


Citation

345 N.C. 404, 480 S.E. 2d 693 (1997)


Verification Source

Official North Carolina Supreme Court opinion


Source Location

North Carolina Supreme Court Opinion


Highlighted Pages

9 - 10


Referenced in the Supplemental Motion

Page 63, Paragraph: 128


Source Status

✔ Obtained and reviewed.

✔ Relevant passages highlighted.

✔ Publicly available source

✔ Included within the Source Verification Archive


Cited to Support

May's allegation that North Carolina courts possess inherent authority to appoint independent counsel when necessary for the proper administration of justice. Specifically, May cites In re Spivey as an example in which the North Carolina Supreme Court approved a superior court's appointment of independent counsel to gather and present evidence in a judicial proceeding involving alleged misconduct by a district attorney. May relies upon this authority to support his request that the Court appoint independent counsel to investigate, develop, and present evidence concerning the allegations of prosecutorial and law-enforcement misconduct raised in the Supplemental MAR.


Supporting Documents

Original Article

Link to the original article.

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Highlighted Research Copy

Working research copy containing the highlighted passages cited in the Supplemental Motion.

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