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Criminal Practice – Discovery – Late Submission – Felony Murder
North Carolina Lawyers Weekly Staff//January 19, 2012//
Criminal Practice – Discovery – Late Submission – Felony Murder
North Carolina Lawyers Weekly Staff//January 19, 2012//
State v. Kidwell (Lawyers Weekly No. 12-07-0062, 16 pp.) (Wanda G. Bryant, J.) Appealed from Durham County Superior Court. (Orlando F. Hudson, J.) N.C. App. Click here for the full-text opinion.
Holding: Even though the state did not provide defendant with one investigator’s notes until five days before trial, and even though defendant contends the notes indicate that law enforcement failed to analyze all latent shoe prints and to test blood collected away from the main areas where the victim’s blood was found, defendant raises no more than the mere hope that something helpful to him might have turned up. Defendant is unable to show that the trial court abused its discretion in denying defendant’s motion for a continuance.
We find no error in defendant’s conviction of first-degree murder and larceny.
Contrary to defendant’s argument, the state presented significant evidence – including defendant’s possession of the victim’s truck and the presence of the victim’s blood on defendant’s shoe – that defendant killed the victim.
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