motion for death penalty in state of north carolina vs. sharman howard odom

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STATE OF NORTH CAROLINA CATAWBA COUNTY STATE OF NORTH CAROLINA v. SHARMAN HOWARD ODOM, Defendant. ;I;RE, G¥NERAL COURT OF JUSTICE COURT DIVISION FILE NO.: 14 CRS 54347 :.,1" j\!if' ,q, ".: oc; (",,·Ii .,),J !, 4 '-' NOW COMES the State of North Carolina, by and through the undersigned Assistant District Attorney, and pursuant to Rule 24 of the North Carolina General Rules of Practice, requests the Court to schedule a pretrial conference in the above captioned case. The State shows unto the Court the following: 1, The Defendant is charged with First Degree Murder, First Degree Sexual Offense, and First Degree Kidnapping, 2, The Superior Court has obtained jurisdiction in this matter, the defendant having been indicted by the Grand Jury of this county on August 18, 2014. 3, The State submits there is evidence to support the existence of one or more aggravating circumstances set forth in N,C,G,S, § 15A-2000(e), The State is seeking the death penalty in the event the defendant is convicted of First Degree Murder, 4, Pursuant to Rule 24 of the North Carolina General Rules of Practice, the undersigned Assistant District Attorney petitions the court for an Order requiring the prosecution and the defendant's counsel to appear before the Court within 45 days for the purpose of conducting a pretrial conference in accordance with said Rule. WHEREFORE, the undersigned Assistant District Attorney for the State of North Carolina respectfully moves the Court in its discretion to order that a pretrial conference be held between the District Attorney's office and defense counsel within 45 days of the Court's order, RESPECTFULLY SUBMITTED, on this the 19 th day of August, 2014 •.7 J, 'I}I A s st t District Attorney 25th Prosecutorial District Catawba County Justice Center 100B South West Boulevard Post Office Box 566 Newton, North Carolina 28658 Telephone: 828-695·6110 Page 1 of3

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Assistant District Attorney J Kyle Smith of the 25th Prosecutorial District filed a motion for a Rule 24 Conference to seek the death penalty in the Maggie Daniels case.

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Page 1: Motion for Death Penalty in State of North Carolina vs. Sharman Howard Odom

STATE OF NORTH CAROLINA

CATAWBA COUNTY

STATE OF NORTH CAROLINA

v.

SHARMAN HOWARD ODOM,Defendant.

~N ;I;RE, G¥NERAL COURT OF JUSTICEsui>iEm~RCOURT DIVISIONFILE NO.: 14 CRS 54347

:.,1" j\!if' ,q, ".: oc;(",,·Ii .,),J !, 4 '-'

NOW COMES the State of North Carolina, by and through the undersigned AssistantDistrict Attorney, and pursuant to Rule 24 of the North Carolina General Rules of Practice,requests the Court to schedule a pretrial conference in the above captioned case. The Stateshows unto the Court the following:

1, The Defendant is charged with First Degree Murder, First Degree Sexual Offense, andFirst Degree Kidnapping,

2, The Superior Court has obtained jurisdiction in this matter, the defendant having beenindicted by the Grand Jury of this county on August 18, 2014.

3, The State submits there is evidence to support the existence of one or more aggravatingcircumstances set forth in N,C,G,S, § 15A-2000(e), The State is seeking the deathpenalty in the event the defendant is convicted of First Degree Murder,

4, Pursuant to Rule 24 of the North Carolina General Rules of Practice, the undersignedAssistant District Attorney petitions the court for an Order requiring the prosecution andthe defendant's counsel to appear before the Court within 45 days for the purpose ofconducting a pretrial conference in accordance with said Rule.

WHEREFORE, the undersigned Assistant District Attorney for the State ofNorth Carolinarespectfully moves the Court in its discretion to order that a pretrial conference be held betweenthe District Attorney's office and defense counsel within 45 days of the Court's order,

RESPECTFULLY SUBMITTED, on this the 19th day of August, 2014•.7

J, 'I}IA s st t District Attorney25th Prosecutorial DistrictCatawba County Justice Center100B South West BoulevardPost Office Box 566Newton, North Carolina 28658Telephone: 828-695·6110

Page 1 of3

Page 2: Motion for Death Penalty in State of North Carolina vs. Sharman Howard Odom

STATE OF NORTH CAROLINA

CATAWBA COUNTY

STATE OF NORTH CAROLINA

v.

SHARMAN HOWARD ODOM,Defendant.

IN THE GENERAL COURT OF JUSTICESUPERIOR COURT DIVISIONFILE NO.: 14 CRS 54347

))) ORDER FOR RULE 24 CONFERENCE)))

THIS CAUSE coming on to be heard,and beingheard ex parte before the undersignedSuperiorCourt Judge Presidingin the 25th District, on motion of the State for the pretrialconference in the above-captioned case;

And the Court, having considered the matters set forth in said motion and being of theopinion that the Motion should be granted;

IT IS, THEREFORE, ORDERED that an Assistant DistrictAttorneyfrom the DistrictAttorney's office and defense counsel shall appear beforethe Court on the 8th day of September,2014, at 10:00A.M. for the purposeof conducting a pretrial conference in accordance with themandate set forth in Rule 24 of the North CarolinaGeneral Rules of Practice.

This the 19th day of August, 2014

Linwood O. FoustSuperior Court JudgePresiding

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Page 3: Motion for Death Penalty in State of North Carolina vs. Sharman Howard Odom

CERTIFICATE OF SERVICE

This certifies that a copy ofthe foregoing REQUEST AND ORDER FOR RULE 24CONFERENCE has been served on Counsel for the Defendant as follows:

TO: Scott Gsell, Attorney at Law212 South Tryon StreetSuite 1615Charlotte, North Carolina 28281

By hand delivery

X By depositing it, enclosed in a postpaid, properly addressedenvelope in a post office or official depository under theexclusive care and custodyof the United States Postal Service.

By depositing a copy of the same in the attorney's box located in theOffice of the Clerk of SuperiorCourt in the Catawba CountyJustice Center.

This the 19th day of August, 2014

1. Ky e "--'\7"

Assi t District Attorney25th Prosecutoria1 DistrictCatawba County Justice Center100B South West BoulevardPost Office Box 566Newton, North Carolina 28658Telephone: 828-695-6110

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