STATE v. GARRETT

No. COA19-1171.

867 S.E.2d 216 (2021)

2021-NCCOA-591

STATE of North Carolina v. Halo GARRETT, Defendant.

Court of Appeals of North Carolina.

Filed November 2, 2021.


Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney General Kimberly N. Callahan , for the State.

Appellate Defender Glenn Gerding , by Assistant Appellate Defender David W. Andrews , for defendant-appellee.


¶ 1 On a motion to dismiss pursuant to N.C.G.S. § 15A-954(a)(4), a defendant bears the burden of showing his constitutional rights were flagrantly violated, causing irreparable prejudice to the preparation of his case that can only be remedied by dismissal of the prosecution. Here, Defendant cannot show that he experienced...

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