State v. Kirby

GEER, Judge.

Defendant Michael Scott Kirby appeals from a conviction of first degree murder. On appeal, defendant primarily argues that he was denied effective assistance of counsel when his trial counsel— although having made a motion in limine — failed to object to the admissibility, under N.C. Gen. Stat. § 8-67 (2005), of testimony from defendant’s wife. We hold that this testimony did not involve a confidential communication since it was made within the hearing of a third person. Therefore, this testimony was admissible, and defendant was not denied effective assistance of counsel.

Facts

The…