Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Cooper, 229 N.C. App. 442 (Sept. 3, 2013)
In this murder case, the trial court committed reversible error by excluding, under Rule 403, testimony by a defense expert that certain incriminating computer files had been planted on the defendant’s computer. Temporary internet files recovered from the defendant’s computer showed that someone conducted a Google Map search on the laptop while it was at the defendant’s place of work the day before the victim was murdered. The Google Map search was initiated by someone who entered the zip code associated with the defendant's house, and then moved the map and zoomed in on the exact spot where the victim’s body later was found.