Legal Opinion

State v. Carroll

Court of Appeals of North Carolina

Decided April 4, 2017No. COA16-986Published

1Opinion of the Court

BRYANT, Judge.

Where Defendant has made no showing as to how DNA testing of items would be material to his defense, we affirm the trial court's order denying defendant's motion to locate and preserve evidence and for DNA testing.

On 10 March 2005, defendant Joseph Donald Carroll entered a guilty plea to one count of first-degree murder and was sentenced to life imprisonment without parole. Defendant did not appeal from the judgment entered against him.

Over eleven years later on 29 April 2016, defendant filed a motion in Davidson County Superior Court to locate and preserve evidence and for DNA…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. State v. KinchSupreme Court of North Carolina · 1985
  3. State v. HewsonCourt of Appeals of North Carolina · 2012

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