Smith's Criminal Case Compendium
Table of Contents
State v. Ellis, 205 N.C. App. 650 (Jul. 20, 2010)
The trial court did not abuse its discretion by denying the defendant’s motion to continue because of the State’s alleged discovery violation. Although the State provided the defendant with a copy the robbery victim’s pre-trial written statement and a composite sketch of the perpetrator based on the victim’s description, the defendant argued that the State violated its continuing duty to disclose by failing to inform the defense of the victim’s statement, made on the morning of trial, that she recognized the defendant as the robber when he entered in the courtroom. After the victim identified the defendant as the perpetrator, the defense moved to continue to obtain an eyewitness identification expert. Finding no abuse of discretion, the court relied, in part, on the timing of the events and that the defendant could have anticipated that the victim would be able to identify the defendant.