State v. Murray, 229 N.C. App. 285 (Aug. 20, 2013)

In this drug case where the defendant denied being the perpetrator and suggested that the drugs were sold by one of his sons, the State failed to properly authenticate two photographs used in photographic lineups as being of the defendant’s sons. An informant involved in the drug buy testified that he had purchased drugs from the people depicted in the photos on previous occasions but not on the occasion in question. The State then offered an officer to establish that the photos depicted the defendant’s sons. However, the officer testified that he wasn’t sure that the photos depicted the defendant’s sons. Given this lack of authentication, the court also held that the photos were irrelevant and should not have been admitted.