STATE v. KIRBY

No. COA06-1593.

653 S.E.2d 174 (2007)

STATE of North Carolina v. Michael Scott KIRBY, Defendant.

Court of Appeals of North Carolina.

December 4, 2007.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Steven F. Bryant, for the State.

Massengale & Ozer, by Marilyn G. Ozer, Chapel Hill, for defendant-appellant.


GEER, Judge.

Defendant Michael Scott Kirby appeals from a conviction of first degree murder. On appeal, defendant primarily argues that he was denied effective assistance of counsel when his trial counsel — although having made a motion in limine — failed to object to the admissibility, under N.C. Gen.Stat. § 8-57 (2005), of testimony from defendant's wife. We hold that this testimony did not involve...

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