Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Remley, 201 N.C. App. 146 (Nov. 17, 2009)
The trial court did not abuse its discretion by granting a recess instead of dismissing the charges or barring admission of the defendant’s statement to the police, when that statement was not provided to the defense until the second day of trial in violation of the criminal discovery rules. When making its ruling, the trial court said that it would “consider anything else that may be requested,” short of dismissal or exclusion of the evidence, but the defense did not request other sanctions or remedies.