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[DOWNLOAD] "North Carolina v. Chappel" by Court of Appeals of North Carolina No. 789SC30 * eBook PDF Kindle ePub Free

North Carolina v. Chappel

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eBook details

  • Title: North Carolina v. Chappel
  • Author : Court of Appeals of North Carolina No. 789SC30
  • Release Date : January 04, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Prior to trial, defendant's court-appointed counsel filed a motion by which he sought to require the ""prosecutor to produce for the Defendant a copy of the computerized print-out of the criminal record of one, Sammy Bullock."" The motion was denied. Defendant contends that the denial of the motion violated his ""right of confrontation"" and also violated the mandate of G.S. 15A-903(d). Neither argument has merit. He was given the ""right of confrontation"" when the witness Bullock testified against him. Although not material to our decision, we note that when defendant cross-examined Bullock, he did not ask him about his participation in any prior criminal activity. Defendant's reliance on G.S. 15A-903(d) is misplaced. The Legislature has expressly rejected a proposal to require the State to disclose even the names and addresses of the witnesses it intends to call and also rejected a proposal to require the production of a proposed witness's criminal record. State v. Smith, 291 N.C. 505, 231 S.E.2d 663 (1977); see Official Commentary to G.S. 15A-903. The Legislature recognized the obvious danger of witness harassment and intimidation inherent in such a procedure.


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