State v. Scott, 377 N.C. 199 (Apr. 16, 2021)

In 2013, the defendant’s car collided with another vehicle, killing its driver. The defendant was taken to the hospital, where he was treated and released. The State later obtained an order directing the hospital to provide the defendant’s medical records and blood. Tests of the blood indicated a blood alcohol concentration of 0.22. The defendant was charged with second-degree murder and death by vehicle. Before trial, the defendant moved to suppress, arguing that the blood was obtained in violation of the state and federal constitutions because there was no exigent circumstance or finding of probable cause. The trial court denied the motion and the defendant was convicted. The Court of Appeals held that the trial court erred by denying the motion to suppress, but went on to conclude over a dissent that “Defendant ha[d] failed to carry his burden to show any prejudicial error in the denial of the motion to suppress.” State v. Scott, 269 N.C. App. 457 (2020). The dissent argued that the proper legal standard for evaluating whether a federal constitutional error is prejudicial is whether the State has proved its harmlessness beyond a reasonable doubt. Id. (Brook, J., dissenting). On appeal, the Supreme Court agreed with the dissent, holding that the Court of Appeals applied the incorrect standard and wrongly placed the burden on the defendant to show prejudice. The Court remanded the matter to the Court of Appeals for application of the proper standard.