State v. Long, 365 N.C. 5 (Feb. 4, 2011)

With one justice taking no part in consideration of the case and with the other members of the court equally divided, the court affirmed, without opinion, a ruling by the trial court on the defendant’s motion for appropriate relief. The case was before the court on writ of certiorari to review the trial court’s order. The question presented, as stated in the defendant’s appellate brief, was: “Whether the trial court erred in finding in a capitally-charged case that failing to disclose exculpatory SBI reports, testifying falsely as to what evidence was brought to the SBI and failing to preserve irreplaceable biological evidence did not violate due process?”