State v. Hurt, 235 N.C. App. 174 (Jul. 15, 2014)

The trial court did not abuse its discretion by granting the State’s motion to quash the subpoena of a prosecutor involved in an earlier hearing on the defendant’s guilty plea. The court rejected the defendant’s argument that the prosecutor’s recitation of the factual basis for the plea was a judicial admission. Thus, the court rejected the defendant’s argument that the trial court’s decision to quash the subpoena deprived him of the opportunity to elicit binding admissions on the State. Additionally, the defendant could have proffered the prosecutor’s statements through a transcript of the plea proceeding, which he introduced with respect to other matters.