STATE v. WILLIAMS

No. 256A08.

669 S.E.2d 290 (2008)

STATE of North Carolina v. Theodore Jerry WILLIAMS.

Supreme Court of North Carolina.

December 12, 2008.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Derrick C. Mertz, Assistant Attorney General, for the State-appellant.

Richard E. Jester, Loouisburg, for defendant-appellee.


BRADY, Justice.

This case requires us to decide whether dismissal of a criminal charge against defendant was appropriate under N.C.G.S. § 15A-954(a)(4). In a pretrial hearing, the State admitted to the existence, possession, and destruction of material evidence favorable to defendant and acknowledged that it was impossible to produce the evidence at that time or, by implication, at any future trial. Based on these circumstances, we conclude that the State flagrantly...

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