State v. Sandy, ___ N.C. App. ___, 788 S.E.2d 200 (Jun. 21, 2016)

Invoking Rule 2 of the NC Rules of Appellate Procedure, the court considered emails outside of the record and granted the defendants’ MAR, finding both a Brady violation and a Napue (failure to correct false testimony) violation. Specifically, the State failed to provide critical impeachment evidence regarding its star witness which would have supported the defendants’ assertion that the witness was a drug dealer. Likewise, the State failed to correct testimony by the witness that he was not a drug dealer. The emails in question related to an ongoing investigation of the witness revealing that he was in fact involved with drugs.