State v. Newell

HEDRICK, Chief Judge.

Defendant first contends that the trial court erred to his prejudice in quashing subpoenas duces tecum issued by defendant upon the Eliada Home for Children for the production of all of its files and records relating to the victim and another witness, both of whom were residents of the Home.

There is no common law right of discovery in criminal cases, State v. Alston, 307 N.C. 321, 298 S.E. 2d 631 (1983), and there is no statute that grants a defendant in a criminal trial access as of right to any documents unless they are “within the possession, custody, or control of the…