State v. Rhodes

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 evidence under N.C.G.S. § 15A-1415(c). Accordingly, we reverse the opinion of the Court of Appeals affirming the trial court’s decision to award defendant a new trial.

On 6 February…