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170 CHAPTER 25 Obtaining Expert Funding in Indigent Cases 1, Sections 19, 23, and 27 of the North Carolina Constitution and Ake v. Oklahoma, 470 U.S. 68 (1985); State v. Bates, 333 N.C. 323 (1993); State v. Parks, 331 N.C. 649 (1992); State v. Taylor, 327 N.C. 147 (1990); State v. Moore, 3221 N.C. 327 (1988); and pursuant to N.C. Gen. Stat. § 7A-450(b); 7A-451, and 7A-545 to allow funds for the Defendant to hire a certified digital forensics expert, Examiner, to assist him in the evaluation and the preparation of his defense, the Court finds: 1. That Defendant has been charged with theft; 2. That Defendant was determined by the District Court to be indigent; 3. That counsel for Defendant has a reasonable belief that there exists information and data that is stored in electronic format on computers and or other electronic storage media, which information is necessary to ensure that Defendant receives a fair trial and the effective assistance of counsel and to adequately prepare a defense in this matter; 4. That the recovery of this information and data requires specific knowledge and expertise which counsel for the Defendant does not possess; 5. That Examiner, a certified Digital Forensics Consultant, has extensive experience in computer forensics and has provided these services in numerous criminal cases in North Carolina; 6. That the hourly rate charged by Examiner is $250.00 per hour; 7. That Defendant has made a threshold and particularized showing that Defendant will be deprived of a fair trial without the expert assistance of Examiner, and that there is a reasonable likelihood that an expert such as Examiner would materially assist Defendant