Case Summaries: N.C. Court of Appeals (Nov. 5, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 5, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Facebook messages were properly authenticated as business records by certificate signed by custodian of records under penalty of perjury; messages were nontestimonial business records not subject to the Confrontation Clause. State v. Graves, COA24-308, ___ N.C. App. ___ (Nov. 5, 2024). In this Cabarrus County case, defendant appealed his conviction for first-degree murder, arguing error in admitting Facebook messages as business records without an affidavit sworn before a notary. The Court of Appeals found no error. In April of 2021, the victim was shot outside a convenience store by someone in a red vehicle. At trial, the State presented evidence that tied defendant to the red vehicle and the convenience store. The State also presented evidence that defendant blamed his recent arrest on the victim and her sister, including Facebook messages saying the victim was responsible for the arrest. These Facebook messages were offered as business records with a “Certificate of Authenticity of Domestic Records of Regularly Conducted Activity” signed by a “Custodian of Records,” but the certificate did not include a notarized signature. Slip Op. at 3. Instead, the certificate had a declaration signed by the custodian under penalty of perjury. Defense counsel objected to the admission of the messages without a sworn affidavit, but the trial court [...]