State v. Bacon, ___ N.C. App. ___, 803 S.E.2d 402 (Jul. 18, 2017)

temp. stay granted, ___ N.C. ___, 802 S.E.2d 460 (Aug. 4, 2017)

In this felony larceny case, the trial court did not abuse its discretion by excluding the defendant’s witness as a sanction for the defendant’s violation of discovery rules, specifically, the defendant’s failure to timely file notice that he intended to call the witness as an alibi witness under G.S. 15A-905(c)(1). A voir dire of the witness revealed that his testimony was vague and certain inconsistencies in it made it unreliable and thus of minimal value. The court concluded: “Considering the materiality of [the witness’s] proposed testimony, which we find minimal, and the totality of the circumstances surrounding Defendant’s failure to comply with his discovery obligations, we cannot find that the trial court abused its discretion in excluding this testimony.” The court went on to hold that even if it was error to exclude this testimony, the defendant failed to show prejudice.