State v. Dorman, 225 N.C. App. 599 (Feb. 19, 2013)

The trial court erred by ordering suppression as a sanction for the State’s failure to document and disclose various communications between agencies and individuals involved in the investigation. The court began by noting that G.S. 15A-903 requires production of already existing documents; it imposes no duty on the State to create or continue to develop additional documentation regarding an investigation. To the extent the trial court concluded that the State violated statutory discovery provisions because it failed to document the conversations, this was error. The trial court also erred by concluding that the State violated the discovery statutes by failing to provide other documented conversations. In addition to failing to make findings justifying the sanction on this basis, the defendant received the documentation prior to trial.