Case Summaries -- N.C. Court of Appeals (May 5, 2020)

This post summarizes opinions issued by the Court of Appeals of North Carolina on May 5, 2020. Superior court judge’s order directing the State to disclose contents of criminal investigative file in any criminal matter in which the State intends to call a specified law enforcement officer as a witness was an improper advisory opinion that exceeded the scope of the judge’s power In re Washington County Sheriff’s Office, ___ N.C. App. ___, ___ S.E.2d ___ (May 5, 2020) The elected district attorney for prosecutorial district 2, which includes Washington County, filed an ex parte motion in superior court to determine whether a criminal investigative file contained potentially exculpatory information involving a Washington County law enforcement officer that the State would be required to disclose in cases in which it intended to call the officer as a witness. The motion was not filed in connection with any particular criminal prosecution. A superior court judge reviewed the file and ordered the district attorney’s office to disclose to defendant and/or defense counsel the contents of the investigative file in any criminal matter in which the State intended to call the officer as a witness. The law enforcement officer was notified of the order and appealed. Over a dissent, the Court of Appeals determined that the judge exceeded the limits of the court’s jurisdiction by entering an advisory opinion and vacated the order. The court reasoned that the order was an anticipatory judgment providing for the contingency that the officer would be called as [...]