Smith's Criminal Case Compendium
Table of Contents
State v. Flint, 199 N.C. App. 709 (Sept. 15, 2009)
The trial court did not abuse its discretion in denying the defendant’s motion to continue alleging that the defendant did not receive discovery at a reasonable time prior to trial where the defendant never made a motion for discovery and there was no written discovery agreement and thus the State was not required to provide discovery pursuant to G.S. 15A-903(a)(1). The trial court did not abuse its discretion in allowing a witness named Karen Holman to testify when her name allegedly was listed on the State’s witness list as Karen Holbrook where the defendant never made a motion for discovery and there was no written discovery agreement, even if such a motion had been made, the trial judge had discretion under the statute to permit any undisclosed witness to testify, and the witness’s testimony served only to authenticate a videotape.