State v. Tutt

WYNN, Judge.

The Constitution of North Carolina vests our Supreme Court with exclusive authority to make rules of practice and procedure for the appellate division of the courts. N.C. Const. Art. IV, § 13 (2). In this case, N.C. Gen. Stat. § 8C-1, Rule 103(a)(2) (2004) permits appellate review of an evidentiary ruling even though the party fails to object *519at trial as required by N.C. R. App. P. 10(b)(1). Because N.C. Gen. Stat. § 8C-1, Rule 103(a)(2) is inconsistent with N.C. R. App. P. 10(b)(1), we hold that the statute must fail. Nonetheless, in our discretion, we have reviewed the…