STATE v. RHODES

No. 48PA11-2.

743 S.E.2d 37 (2013)

STATE of North Carolina v. Brian W. RHODES, Jr.

Supreme Court of North Carolina.

June 13, 2013.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Kimberly N. Callahan , Assistant Attorney General, for the State-appellant.

Staples S. Hughes , Appellate Defender, by Daniel R. Pollitt , Assistant Appellate Defender, for defendant-appellee.


MARTIN, Justice.

After defendant was convicted of drug possession offenses, his father stated outside of court that the contraband belonged to him. The trial court concluded this statement was newly discovered evidence under N.C.G.S. § 15A-1415(c) and granted defendant a new trial. Because the information implicating the father was available to defendant before his conviction, the statement was not newly discovered...

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