1/16/25
UNC student Faith Hedgepeth murder case is one step closer to trial
At the Homicide status hearing Attorneys for both sides told the Court they are in the process of finalizing discovery and ready to set the case for trial.
Take note that Discovery is not arbitrary but governed by NC Statute.
Reference:
General Statute Sections - North Carolina General Assembly
Rule 12. Attorneys.
d)
Duties of Defense Counsel.
4)
Request/Motion for Discovery. In every felony case, as soon as feasible, an attorney shall file a request/motion that the prosecution provide the defense with all discovery that the defense is entitled to under all applicable statutes, case law, ethical provisions, and rules of court.
Rule 16.
Discovery Between the State and Defense.
a)
Policy. Discovery procedures prior to trial should: (1) promote a fair and expeditious resolution of the charges; (2) provide the defendant with sufficient information to make an informed plea; (3) permit adequate preparation for trial and minimize surprise at trial; (4) reduce interruptions and complications during trial and avoid unnecessary and repetitious trials; (5) minimize the procedural and substantive inequities among similarly situated defendants; (6) effect economies in time, money, judicial resources, and professional skills by minimizing paperwork, avoiding repetitious assertions of issues, and reducing the number of hearings; and(7) minimize the burden upon victims and witnesses. See Standard 11-1.1, ABA Standards for Criminal Justice: Discovery and Trial by Jury(3rd ed. 1996).
b)
General. Except as otherwise provided in these local rules or applicable law, discovery shall be governed by
Article 48 of Chapter 15A of the General Statutes. Article 48 applies to cases--felonies and misdemeanors--within the original jurisdiction of the superior court. G.S. §15A-901.
[..]
d)
Defense Counsel.
1) Seeking Discovery. Within two weeks of appointment or appearance an attorney shall file and serve a written request that the prosecution voluntarily provide all discovery that the defense is entitled to under all applicable statutes, case law, and rules of court.
2)
Responding to Discovery. The defendant or defense counsel shall promptly comply with any obligation to provide discovery to the prosecution as required by applicable law. See G.S. § 15A-905.
e)
Prosecution.
1)
Responding to Discovery. Upon receipt of such a request for voluntary discovery, the prosecution shall have 30 days to provide the requested discovery. Prior to responding to the request, the prosecution shall confer with others acting on the state’s behalf in the case in order to learn of discoverable information or material, including law enforcement officers. See Kyles v.Whitley, 514 U.S. 419(1995) (The individual prosecutor has a duty to learn of any favorable evidence known to others acting on the State’s behalf in the case, including the police.)
2)
Seeking Discovery. When appropriate, the prosecution may seek discovery from the defendant pursuant to applicable law.
f)
Law Enforcement. As soon as feasible law enforcement shall provide to the prosecution all information and material that is favorable to the defendant. Law enforcement shall likewise reduce to writing and so provide all statements attributed to the defendant.
g)
Certificates of Disclosure.
1)
Prosecution. Upon compliance with the defense’s request for voluntary discovery, the prosecution shall file and serve a certificate signed by a prosecutor attesting that he/she personally complied with these rules in furnishing to the defendant all information and materials that should be so provided pursuant to all applicable statutes, case law, and rules of court. The certificate shall further acknowledge the prosecutor’s continuing duty to supplement his/her prior disclosures.
2)
Defense. When the defense has an obligation to provide discovery to the prosecution, upon compliance with such obligation defense counsel, or the defendant if unrepresented, shall file and serve a certificate signed by the person satisfying the obligation attesting that he/she personally complied with the obligation by furnishing to the prosecution all information and materials that should be so provided. The certificate shall further acknowledge any continuing duty to supplement his/her prior disclosures.
h)
Continuing Duty of Disclosure. The prosecution and law enforcement are under a continuing duty to disclose as soon as feasible all appropriate information and materials learned or obtained by either. When appropriate, the defense is likewise under a continuing duty to disclose.
i)
Orders of Discovery.
1)
Defense. After filing and serving a request for voluntary discovery, upon a motion praying for such an order, the defense is entitled to an Order of Discovery requiring the prosecution to (i) permit the defense to view, examine, photograph and/or copy all physical evidence in the possession, custody or control of the State, including the prosecution and all law enforcement agencies involved in the investigation of the charges against the defendant; (ii) provide to the defense all information and materials discoverable pursuant to all applicable law, including statutes, caselaw, ethical provisions, and rules; and (iii) acknowledge the prosecution’s continuing duty to provide such discovery.
2)
Prosecution. Under appropriate circumstances, the prosecution may obtain an Order of Discovery as authorized by law. See G.S. §15A-905.
j)
Open File Policy. The defense may not rely on so-called “open file” policies of the prosecution. A defendant is not entitled to discovery of materials or information in the State’s possession unless the defense moves for an order of discovery. State v. Reeves, 343 N.C. 111,113(1996); State v. Abbott, 320 N.C. 475, 482(1987).
