State v. Mayo
State v. Mayo
Opinion of the Court
The defendant’s one assignment of error is to the court’s allowing the State’s witness to testify as to the results of his tests with the pistol. The defendant contends the State did not comply with the rules as to discovery and this testimony should have been excluded. The statute governing the options of a trial court when a party does not comply with the discovery procedure is G.S. 15A-910 which says:
If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or with an order issued pursuant to this Article, the court in addition to exercising its contempt powers may
(1) Order the party to permit the discovery or inspection, or
(2) Grant a continuance or recess, or
(3) Prohibit the party from introducing evidence not disclosed, or
(4) Enter other appropriate orders.
When it became evident to the trial court that the State had not complied with the rule as to discovery, it had the power to do one of the above four things. The defendant argues the court erred in not using the third sanction, that is, to have excluded the evidence. We cannot hold it was error not to use any one of the sanctions available to the court. This statute has been before the appellate courts in several cases. See State v. Hill, 294 N.C. 320,
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.