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, develop, and present evidence concerning the allegations discussed 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
Lyle C. May alleges 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 allegations of 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 allegations of prosecutorial and law-enforcement misconduct arising from his Buncombe County case and the July 1997 murders in Asheville, North Carolina.
Supporting Documents
Original Court Opinion
Link to the original court opinion.
Highlighted Research Copy
Working research copy containing the highlighted passages cited in the Supplemental Motion.
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