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Criminal Practice – Statutory Rape – Appeals – Evidence – General Objection – Voicemail & Text Messages
North Carolina Lawyers Weekly Staff//June 11, 2020//
Criminal Practice – Statutory Rape – Appeals – Evidence – General Objection – Voicemail & Text Messages
North Carolina Lawyers Weekly Staff//June 11, 2020//
When the state sought to introduce a .pdf of a detective’s report concerning voicemail and text messages found on the victim’s phone, defense counsel made a general objection but declined an offer to be heard. Defendant thus failed to preserve for appeal the issue of whether a proper foundation had been laid for admission of the report.
Appeal dismissed.
Defendant failed to establish that there was no proper purpose for which the evidence could have been admitted. Moreover, printed extraction reports of the .pdf were admitted into evidence without objection.
Since defendant has not argued plain error, he has waived all review of this issue.
Sate v. Murray (Lawyers Weekly No. 012-221-20, 8 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (Henry Hight, J.) Lauren Clemmons for the state; James Glover for defendant. N.C. App. Unpub.
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