Smith's Criminal Case Compendium
Table of Contents
State v. Doisey, 240 N.C. App. 441 (Apr. 7, 2015)
(1) The court dismissed the defendant’s argument that the trial court erred by failing to order an inventory of biological evidence under G.S. 15A-269(f). Under the statute, a request for post-conviction DNA testing triggers an obligation for the custodial agency to inventory relevant biological evidence. Thus, a defendant who requests DNA testing under G.S. 15A-269 need not make any additional written request for an inventory of biological evidence. However, the required inventory under section 15A-269 is merely an ancillary procedure to an underlying request for DNA testing. Where, as here, the defendant has abandoned his right to appellate review of the denial of his request for DNA testing, there is no need for the inventory required by G.S. 15A-269(f). (2) The court rejected the defendant’s argument that the trial court erred by failing to order preparation of an inventory of biological evidence under G.S. 15A-268 where the defendant failed to make a written request as required by G.S. 15A-268(a7). The defendant’s motion asked only that certain “physical evidence obtained during the investigation of his criminal case be located and preserved.”