State v. Williams, 362 N.C. 628 (Dec. 12, 2008)

The trial judge properly dismissed a charge of felony assault on a government officer under G.S. 15A-954(a)(4) where the defendant established that the state flagrantly violated his constitutional rights and irreparably prejudiced preparation of the defense. The state willfully destroyed material evidence favorable to the defense. The destroyed evidence consisted of two photographs of the defendant that were displayed in the prosecutor’s office, one taken of the defendant before the events in question, another taken after the events in question. The defendant was uninjured in the first photograph, which was captioned “Before he sued the D.A.’s office;” the defendant was injured in the second photograph, which was “After he sued the D.A.’s office.”