STATE v. FOSTER

No. COA11-1227.

729 S.E.2d 116 (2012)

STATE of North Carolina v. Harold W. FOSTER, Defendant.

Court of Appeals of North Carolina.

August 7, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Daniel P. O'Brien , for the State.

Jarvis John Edgerton, IV , for defendant-appellant.


GEER, Judge.

Defendant Harold W. Foster appeals from an order denying his motion for post-conviction DNA testing. On appeal, defendant argues that the trial court erred in admitting into evidence and considering a prosecutor's trial outline summarizing defendant's anticipated testimony in a prosecution of a co-defendant. We agree with defendant that the outline constituted inadmissible hearsay, but hold that any error was harmless because defendant did not meet his...

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