462 S.E.2d 530 (N.C.App. 1995)
In the Matter of the Subpoena of Laura Hart McKINNY from the
State of California.
No. COAP95-318.
Court of Appeals of North Carolina.
August 7, 1995
ORDER
The following order was entered:
The petition filed in this cause by petitioner Orenthal James Simpson on 1 August 1995 and designated "Petition for Writ of Mandamus, or in the Alternative, a Petition for Writ of Certiorari and a Request for a Suspension or Variation of the Requirements of the Rules of Appellate Procedure Pursuant to Rule 2" is decided as follows:
The petition for writ of mandamus is inappropriate and therefore DENIED.
Petitioner's right to appeal will become moot if relief is not granted prior to the conclusion of his trial in California, and because there is merit to petitioner's contentions, the petition for writ of certiorari is ALLOWED for the limited purpose of entering the following order:
1. G.S. § 15A-812 requires a finding that the witnesses sought to be summoned are "material and necessary." State v. Tindall, 294 N.C. 689, 242 S.E.2d 806 (1978); State v. Tolley, 290 N.C. 349, 226 S.E.2d 353 (1976). The standard of review on appeal is whether there was competent evidence to support the trial court's findings of fact and whether its conclusions of law were proper in light of such facts. Chemical Realty v. Home Fed'l Savingss&s Loan, 84 N.C.App. 27, 351 S.E.2d 786 (1987).
2. The question of admissibility is not before this Court. The questions before us are (1) materiality and necessity, i.e., whether the evidence could reasonably make a difference in the outcome of the trial; and (2) whether enforcement of the out-of-state subpoena duces tecum would constitute undue hardship upon the witness.
3. The trial court failed to make findings of fact or conclusions of law. Upon an examination of the record before this Court, we hold, therefore, that the trial court erred by finding pursuant to N.C.Gen.Stat. § 15A-812 (1993) that Laura Hart McKinny is not a material witness and that enforcement of the subpoena duces tecum would cause an undue hardship to her in that there is insufficient competent evidence to support the trial court's order. THEREFORE, the order entered 28 July 1995 by Judge William Z. Wood, Jr., is hereby reversed and the matter is remanded to Superior Court, Forsyth County, for entry of an immediate order granting the relief requested by petitioner and for issuance of a summons pursuant to N.C.Gen.Stat. § 15A-812 (1993) directing Laura Hart McKinny to attend, along with any and all videotapes, transcripts and documents relating to the interviews of Detective Mark Furhman, and testify, if called as a witness in the Superior Court of the State of California for the County of Los Angeles.