Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Brunson, 221 N.C. App. 614 (Jul. 17, 2012)
The court rejected the defendant’s argument that denying him a probable cause hearing violated his constitutional rights by depriving him of discovery and impeachment evidence. Relying on State v. Hudson, 295 N.C. 427 (1978) (the defendant failed to show that he was prejudiced by a lack of a hearing), the court noted that in this case, probable cause was twice established: when the warrant was issued and when the grand jury returned the indictments. The defendant’s speculations about discovery and impeachment evidence failed to establish a reasonable possibility that a different result would have been reached at trial had he been given a preliminary hearing.