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State v. Floyd

Court of Appeals of North Carolina

November 18, 2014

STATE OF NORTH CAROLINA
v.
GILES BRANTLEY FLOYD, Defendant

Heard in the Court of Appeals 13 August 2014.

Appeal by Defendant from an order entered 4 September 2013 by Judge Douglas B. Sasser in Columbus County Superior Court, No. 96 CRS 4307.

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Daniel S. Hirschman, for the State.

Mark Hayes, for the Defendant.

DILLON, Judge. Judges HUNTER, Robert C. and DAVIS concur.

OPINION

Page 75

DILLON, Judge.

Giles Brantley Floyd (" Defendant" ) appeals from an order denying his postconviction motion for DNA testing pursuant to N.C. Gen. Stat. § 15A-269 (2012). We affirm.

I. Background

Defendant was convicted of murdering his wife after her body was discovered by their daughter in their utility shop behind their home. His conviction was upheld by this Court. State v. Floyd, 143 N.C.App. 128, 545 S.E.2d 238 (2001), disc. review denied, 353 N.C. 730, 551 S.E.2d 111 (2001), cert. denied sub nom, Floyd v. North Carolina, 534 U.S. 1092, 122 S.Ct. 838, 151 L.Ed.2d 717 (2002), reh'g denied, 535 U.S. 952, 122 S.Ct. 1353, 152 L.Ed.2d 255 (2002).

On 22 October 2012 -- fourteen years after his conviction - Defendant filed a motion in the trial court seeking postconviction DNA testing of items that were collected from the utility shop by investigators. Following a non-evidentiary hearing on the matter, the trial court entered an order denying the motion.

Defendant now appeals from that order. For the reasons set forth below, we affirm the order.

II. Analysis

A defendant may request postconviction DNA testing of evidence pursuant to N.C. Gen. Stat. ยง 15A-269, which allows for a court to order such testing if certain conditions are met. One of these ...


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